Form and substance in the law of obligations
- ISBN: 9781509952175
- Editorial: Hart Publishing
- Fecha de la edición: 2021
- Lugar de la edición: Oxford. Reino Unido
- Encuadernación: Rústica
- Medidas: 24 cm
- Nº Pág.: 504
- Idiomas: Inglés
This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.
1. Between Form and Substance
Andrew Robertson and James Goudkamp
2. Form and Substance: Fictions and Judicial Power
3. 'Substance Over Form': Has the Pendulum Swung Too Far?
4. Form, Substance and Recharacterisation
5. In Defence of Formalism
6. Private Law and the Form of Reasons
7. The Formality of Contractual Obligation
8. Two Forms of Formalism
9. Form and Substance in Equity
10. Modern Equity – At the Edge of Formal Reasoning?
11. The Form and Substance of Equitable Estoppel
12. Trends in Tort Law: Bad Form and Addictive Substance?
13. Form and Substance in the Tort of Deceit
Jason W Neyers
14. Form and Substance in the Law of Punitive Damages
James Goudkamp and Eleni Katsampouka
15. Statute Law in the Law of Obligations: Dimensions of Form and Substance
16. Interpretive Formalism in the Law of Obligations: Thirty Years after Form and Substance
Ben Chen and Jeff Gordon
17. Misrepresentation, Misleading Conduct and Statute through the Lens of Form and Substance
Jeannie Marie Paterson and Elise Bant
18. Form and Substance: Three Observations on the State of Debate