COMPARATIVE REFLECTIONS IN PRIVATE LAW C (eng)
Language: English
Published by Oxford University Press, 2026
- Hardcover
- New
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- Title
- COMPARATIVE REFLECTIONS IN PRIVATE LAW C (eng)
- Author
- Cappelletti, Marco
- Publisher
- Oxford University Press
- Publication year
- 2026
- Condition
- new
- Binding
- Hardcover
- Language
- English
- ISBN 10
- 0198959133
- ISBN 13
- 9780198959137
- Item weight
- 0.74 kilograms
The volume is split into three distinct parts. The first part of the volume focuses on contract law, examining topics ranging from defects in the formation of a contract, interpretation, illegality, the doctrine of change of circumstances, and remedies. These chapters reflect Whittaker's commitment to doctrinal precision, analytical depth, and the value of comparative law as a means of understanding other legal traditions and re-examining one's own with a fresh perspective. The second part turns to tort law, with contributions exploring topics such as the role of violation of a right, the concept of foreseeability, the justifications for the non-recoverability of pure economic loss, and the treatment of illegality in product liability. These essays engage critically with fundamental concepts while also offering comparative insights into the functions and structure of tort law, an approach that reflects Whittaker's distinctive ability to draw deep connections between legal systems, both in their doctrinal rules and in the principles and goals that underpin them. The final part of the volume turns to private law intersections, addressing challenges that cut across traditional boundaries, such as the doctrine of the subsidiarity of unjustified enrichment and the difficulty of devising harmonized contract law in the European Union from the plurality of laws and languages of the Member States.
Taken together, the contributions included in this volume highlight the distinctive blend of intellectual rigour, curiosity, and openness to both tradition and innovation, which has so distinctively characterized Simon Whittaker's scholarship.
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About the Author
Ciara Kennefick is Associate Professor of Law at the University of Oxford and Official Student (Tutorial Fellow) in Law at Christ Church, Oxford. She also holds a Visiting Professorship at Université Paris-Panthéon-Assas, and a Visiting Fellowship at the Stockholm Centre for Commercial Law at the University of Stockholm. Her research examines private law from comparative and historical perspectives. She is particularly interested in the just price in contracts, an idea which is derived from Roman law. In 2020, she was awarded the Selden Society's David Yale Prize 2019 for her research on the legal history of England and Wales.
Dorota Leczykiewicz is Associate Professor of Law at the University of Oxford and Official Fellow in Law at St Peter's College. Her research focuses on judicial reasoning, comparative tort law and EU constitutional and private law. Dr Leczykiewicz's most recent work has concerned comparison between English and French tort law, EU tort law, theorising judge-made law, evaluating the reasoning of the Court of Justice of the EU, the use of general principles in EU law, and horizontality of EU fundamental rights. In 2021-2024 she was Associate Dean for Graduate Studies (Taught Courses) in the Oxford Faculty of Law.
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Brook Bookstore On Demand
Napoli, NA, Italy
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