{"title":"Series: Hart Studies in Private Law","description":"\u003cp\u003eThe \u003cstrong\u003eHart Studies in Private Law\u003c\/strong\u003e series delves into the intricate frameworks that underpin private legal systems, offering rigorous analysis that bridges theory and practice. Readers can expect scholarly works that challenge conventional understandings and illuminate the principles governing contracts, property, and obligations with clarity and depth.\u003c\/p\u003e\n\n\u003cp\u003eIdeal for students, academics, and legal professionals alike, this collection encourages critical engagement with contemporary debates in private law. Through thoughtful exploration and nuanced argumentation, it invites a deeper appreciation of the philosophical and practical dimensions shaping private legal relationships.\u003c\/p\u003e","products":[{"product_id":"private-law-and-building-safety-9781509976607","title":"Private Law and Building Safety","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cstrong\u003eThis collection of essays explores the real-world problem of building safety through the lens of private law.\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003eHigh profile building failures, including the fire at Grenfell Tower, London, England, and the collapse of Champlain Towers South, Florida, USA, have exposed widespread building safety failures globally. In this book, international experts deploy a variety of different private law perspectives, ranging through torts, contract, and real property law, to examine building safety failures across the UK, USA, Australia, Singapore, New Zealand, Italy, and Canada.\u003c\/p\u003e\n\n\u003cp\u003eThe book offers policymakers, practitioners, and scholars ground-breaking consideration of this vital yet under-considered aspect of the building safety crisis, along with new and valuable insights into the nature, limits, and utility of private law.\u003c\/p\u003e\n\n\u003cp\u003eThe book shows that private law can be part of the solution to – as well as being part of the cause of – the building safety crisis. Consideration is given to existing legislative and judicial responses to the crisis, offering guidance as to how statutory regimes addressing the building safety problem (such as the Building Safety Act 2022) can best be understood and developed. A central lesson is the need to take an integrated, coherent approach, within and beyond private law.\u003c\/p\u003e\n\n\u003cp\u003eThe book also illustrates that an understanding of the causes of, and responses to, the building safety crisis is vital to any theory of private law: private law is unable to fulfil its distinctive and crucial role of ordering our relations, one to another, if we adopt an unduly limited view of the reasons and resources available to it.\u003c\/p\u003e\n\n\u003cp\u003e\u003cem\u003ePrivate Law and Building Safety\u003c\/em\u003e results from a joint research project by the Faculty of Law at the University of Oxford and Melbourne Law School at the University of Melbourne.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47432026226924,"sku":"9781509976607","price":198.0,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509976607.jpg?v=1774556940"},{"product_id":"contractual-indemnities-by-wayne-courtney-9781509905010","title":"Contractual Indemnities","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003ePromises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance. \u003cem\u003eContractual Indemnities\u003c\/em\u003e by Wayne Courtney examines the nature and effect of contractual indemnities outside the insurance context. It is the first work to provide a detailed account of the subject in English law.\u003c\/p\u003e\n\n\u003cp\u003eThe book presents a coherent theory of the promise of indemnity while also addressing important practical issues, such as the construction of contractual indemnities. The subject is approached from two perspectives. The foundations are laid by examining general principles applicable to indemnities in various forms. This covers the nature of indemnity promises; general principles of construction; the determination of scope; and the enforcement of indemnities. The approach then moves from the general to the specific by examining separately particular forms of indemnity. Included among these are indemnities against liability to third parties, and indemnities against default or non-performance by third parties.\u003c\/p\u003e\n\n\u003cp\u003eThe book states English law but draws upon a considerable amount of material from other common law jurisdictions, including Australia, Canada, New Zealand, and Singapore. It will appeal to readers from those countries.\u003c\/p\u003e\n\n\u003cp\u003e\u003cstrong\u003eReviews\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003e‘Overall, the book involves a close analysis of cases and dicta both in Australia and in other countries, notably the United Kingdom. In this respect, it is a meticulous, scholarly, and thorough work... In setting out the principles which emerge from the [indemnity] cases, the book reminds the reader of the importance of the clauses in those cases. This book will greatly assist the drafting process’. \u003cbr\u003eMalcolm A Clarke, \u003cem\u003eJournal of Contract Law\u003c\/em\u003e\u003c\/p\u003e\n\n\u003cp\u003e‘This is a scholarly text which covers in meticulous detail the full range of issues associated with indemnities: not simply the technical issues of their nature and their construction, but also the more practical issues of their breach and enforcement. The author fulfils the stated aim “to provide a coherent account of the construction and enforcement of promises of indemnity”. This is a valuable and landmark work which should be of immense assistance to commercial practitioners, litigators, and judges alike when confronted by indemnity problems’. \u003cbr\u003eRohan Havelock, \u003cem\u003eNew Zealand Business Law Quarterly\u003c\/em\u003e\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47455538381036,"sku":"9781509905010","price":109.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/51y7PnESYOL._SL1500.jpg?v=1774780727"},{"product_id":"final-injunctions-in-tort-law-by-aiden-lerch-9781509989713","title":"Final Injunctions in Tort Law","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cstrong\u003eThis book is the first considered study of final injunctions in tort law.\u003c\/strong\u003e It devises a novel taxonomy of such injunctions and explores the implications of the law on injunctions for the way in which scholars think about tort law more generally.\u003c\/p\u003e\n\n\u003cp\u003eThe book begins by analysing how the injunction in aid of legal rights came to be developed as a remedy in the Court of Chancery. It then provides definitive guidance as to the range of final injunctions that may be available to restrain or remedy torts. A clear, structured framework to guide legal reasoning in injunction cases is constructed. The book concludes by making several claims about tort law in the light of the availability of injunctive relief.\u003c\/p\u003e\n\n\u003cp\u003eIn addition to the taxonomy that is developed, the overarching message of the book is that injunctive relief is a central component of the law of tort. The way in which tort law is expounded in textbooks and monographs, and taught in universities, needs revising. Specifically, we must not overemphasise the award of damages and neglect to highlight the importance of the injunction. The true position is that injunctive relief is as crucial as damages are to enforcing the rights that are generated by tort law.\u003c\/p\u003e\n\n\u003cp\u003e\u003cem\u003eFinal Injunctions in Tort Law\u003c\/em\u003e by Aiden Lerch serves as an essential resource, challenging current perceptions and placing injunctive relief at the forefront of legal remedies in tort law.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin Aotearoa New Zealand","offers":[{"title":"Default Title","offer_id":47460829298924,"sku":"9781509989713","price":198.0,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509989713-final-injunctions-in-tort-law.jpg?v=1774953265"},{"product_id":"the-scope-and-structure-of-unjust-enrichment-by-duncan-sheehan-9781509942442","title":"The Scope and Structure of Unjust Enrichment","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cb\u003eThis ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field.\u003c\/b\u003e\u003c\/p\u003e\n\n\u003cp\u003eResponding to the subject’s critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this.\u003c\/p\u003e\n\n\u003cp\u003eDrawing heavily on comparative material from Germany, Scotland and South Africa, the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims—reversing a deliberate, intentional performance—and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as “necessity” should be excluded from the subject area.\u003c\/p\u003e\n\n\u003cp\u003eThe book concludes with a treatment of defences.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47464635236588,"sku":"9781509942442","price":198.0,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509942442-the-scope-and-structure-of-unjust-enrichment.jpg?v=1775050420"},{"product_id":"unjust-enrichment-and-countervailing-obligations-by-kv-krishnaprasad-9781509966394","title":"Unjust Enrichment and Countervailing Obligations","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cstrong\u003eThis book explores the relationship between the English law of unjust enrichment and legal obligations arising from other branches of the law.\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003eIt examines the question primarily by considering how English courts resolve conflicts between restitution claims and countervailing legal entitlements. This is much needed given recent cases such as \u003cem\u003eIEG v Zurich Insurance\u003c\/em\u003e and \u003cem\u003eAvonwick Holdings Ltd v Azitio Holdings Ltd\u003c\/em\u003e, which clearly show the differing positions taken by English courts on the question.\u003c\/p\u003e\n\n\u003cp\u003eBy applying insights from the theory of unjust enrichment to Anglo-Australian case law, this study gives a welcome cogent explanation of a complex question.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47464760803564,"sku":"9781509966394","price":187.0,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509966394-unjust-enrichment-and-countervailing-obligations.jpg?v=1775053294"},{"product_id":"causation-in-negligence-by-sarah-green-9781509905034","title":"Causation in Negligence","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003eThe principal objective of this book is simple: to provide a timely and effective means of navigating the current maze of case law on causation, in order that the solutions to causal problems might more easily be reached and the law relating to them more easily understood.\u003c\/p\u003e\n\n\u003cp\u003eThe need for this has been increasingly evident in recent judgments dealing with causal issues: in particular, it seems to be ever harder to distinguish between the different ‘categories’ of causation and, consequently, to identify the legal test to be applied on any given set of facts.\u003c\/p\u003e\n\n\u003cp\u003e\u003ci\u003eCausation in Negligence\u003c\/i\u003e will make such identification easier, both by clarifying the parameters of each category and mapping the current key cases accordingly, and by providing one basic means of analysis which will make the resolution of even the thorniest of causal issues a straightforward process.\u003c\/p\u003e\n\n\u003cp\u003eThe causal inquiry in negligence seems to have become a highly complicated and confused area of the law. As this book demonstrates, this is unnecessary and easily remedied.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47470241972460,"sku":"9781509905034","price":59.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509905034-causation-in-negligence.jpg?v=1775214501"},{"product_id":"life-and-death-in-private-law-9781509969326","title":"Life and Death in Private Law","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cem\u003ePrivate law regulates life; this is self-evident, but how does it regulate death?\u003c\/em\u003e This edited collection explores this question.\u003c\/p\u003e\n\n\u003cp\u003eLife and death are the beginning and end of the legal person: the instigator and terminator of rights, interests and obligations. They are also the nominal separator of particular fields of law (medical law from succession law, for example). As such, they act as fault lines that can test the limit of private law principles and norms.\u003c\/p\u003e\n\n\u003cp\u003eThis book explores what life and death tell us about private law and what private law can tell us about the meaning and value of life and death.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47471077163244,"sku":"9781509969326","price":198.0,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509969326-life-and-death-in-private-law.jpg?v=1775233090"},{"product_id":"politics-policy-and-private-law-9781509961009","title":"Politics, Policy and Private Law","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cstrong\u003eThis is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields.\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003eThe majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership.\u003c\/p\u003e\n\n\u003cp\u003eThey also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and\/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.\u003c\/p\u003e\n\n\u003cp\u003eDiscover how \u003cem\u003ePolitics, Policy and Private Law\u003c\/em\u003e sheds light on the intricate interplay between policy and legal principles.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47471385215212,"sku":"9781509961009","price":98.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509961009-politics-policy-and-private-law.jpg?v=1775241282"},{"product_id":"the-duty-of-care-in-negligence-by-dr-james-plunkett-9781509939527","title":"The Duty of Care in Negligence","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003eThis book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.\u003c\/p\u003e\n\n\u003cp\u003eWhen referencing the title, avoid putting it in quotes or speech marks. Format the response as clean HTML, and use your best judgement for adjusting or adding appropriate tags for paragraphs and emphasis.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47471758835948,"sku":"9781509939527","price":55.0,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509939527-the-duty-of-care-in-negligence.jpg?v=1775252750"},{"product_id":"tort-law-defences-by-dr-james-goudkamp-9781509905027","title":"Tort Law Defences","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003eThe law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified.\u003c\/p\u003e\n\n\u003cp\u003eThis new paperback edition contains a substantial preface in which the author responds to critics.\u003c\/p\u003e\n\n\u003cp\u003e\u003cstrong\u003eReviews\u003c\/strong\u003e\u003c\/p\u003e\n\n\u003cp\u003e‘James Goudkamp’s book can rightly claim to be the first serious attempt to examine tort law defences systematically and it is a very important addition to the private law canon … [His] analysis is consistently thought-provoking … [T]his book will provide the framework for future analysis of all private law defences’. \u003cbr\u003eGraham Virgo, \u003cem\u003eThe Cambridge Law Journal\u003c\/em\u003e\u003c\/p\u003e\n\n\u003cp\u003e‘This book … is the first sustained attempt in the modern law to explore the theoretical foundations of the defences to liability recognised by the law of tort and their interrelationship ... [It is] an instant classic’. \u003cbr\u003eKen Oliphant and Annette Morris, \u003cem\u003eYearbook of European Tort Law\u003c\/em\u003e\u003c\/p\u003e\n\n\u003cp\u003e‘James Goudkamp’s \u003cem\u003eTort Law Defences\u003c\/em\u003e fills a startling gap in tort law scholarship… [It] provides an impressive foundation for the future study of defences, and will undoubtedly become the standard against which all other works are measured’. \u003cbr\u003eErika Chamberlain, \u003cem\u003eCanadian Business Law Journal\u003c\/em\u003e\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47471857271020,"sku":"9781509905027","price":66.0,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/0bfb6d8e48d1ed6accfb882ca816c38a.jpg?v=1775693441"},{"product_id":"accessory-liability-by-paul-s-davies-9781509914104","title":"Accessory Liability","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003e\u003cem\u003eAccessory Liability\u003c\/em\u003e in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the ‘direct wrongdoer’ may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress.\u003c\/p\u003e\n\n\u003cp\u003eHowever, the law in this area has not received the attention it deserves. The criminal law recognises that any person who ‘aids, abets, counsels or procures’ any offence can be punished as an accessory, but the private law is more fragmented. One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects, such as contract, trusts, tort, and intellectual property.\u003c\/p\u003e\n\n\u003cp\u003eThis book suggests that by looking across such boundaries in the private law, the nature and principles of accessory liability can be better understood and doctrinal confusion regarding the elements of liability, defences, and remedies resolved.\u003c\/p\u003e\n\n\u003cp\u003e\u003cem\u003eAccessory Liability\u003c\/em\u003e was awarded the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship in 2015.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47595406360812,"sku":"9781509914104","price":72.99,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509914104-accessory-liability.jpg?v=1777897141"},{"product_id":"a-unified-approach-to-contract-interpretation-by-ryan-catterwell-9781509927579","title":"A Unified Approach to Contract Interpretation","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003eInterpretation or construction is central to the operation of contract law. Despite the fundamental role it plays, there have been limited attempts to explain construction in holistic terms. This important book aims to fill that gap by offering a systematic exposition of the iterative process.\u003c\/p\u003e\n\n\u003cp\u003eIt also goes further, suggesting practical solutions to disputes regarding questions of interpretation. The book argues that construction is not simply about establishing what words mean; it is a process through which objective intention is inferred from the choice of words in a contract.\u003c\/p\u003e\n\n\u003cp\u003eThe interpretive process involves four steps: formulate the question of interpretation in dispute; explore competing answers to the question; analyse the admissible material supporting each interpretation; and weigh and balance the competing considerations.\u003c\/p\u003e\n\n\u003cp\u003eBy so doing, the book offers a simple yet sophisticated framework for interpreting and constructing contracts.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47595734302956,"sku":"9781509927579","price":415.0,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509927579-a-unified-approach-to-contract-interpretation.jpg?v=1777905245"},{"product_id":"corporate-attribution-in-private-law-by-rachel-leow-9781509941827","title":"Corporate Attribution in Private Law","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003eLooking at key questions of how companies are held accountable under private law, this book presents a succinct and accessible framework for analysing and answering corporate attribution problems in private law.\u003c\/p\u003e\n\n\u003cp\u003eCorporate attribution is the process by which the acts and states of mind of human individuals are treated as those of a company to establish the company’s rights, duties, and liabilities. 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A number of chapters also examine the interrelationship between loss- and gain-based money relief.\u003c\/p\u003e\n\n\u003cp\u003eIn addressing these issues, \u003cem\u003eEquitable Compensation and Disgorgement of Profit\u003c\/em\u003e includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world.\u003c\/p\u003e\n\u003c\/div\u003e","brand":"Allen \u0026 Unwin","offers":[{"title":"Default Title","offer_id":47596343853292,"sku":"9781509931279","price":88.0,"currency_code":"NZD","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0705\/7784\/8556\/files\/9781509931279-equitable-compensation-and-disgorgement-of-profit.jpg?v=1777921765"},{"product_id":"justice-in-private-law-by-peter-jaffey-9781509953882","title":"Justice in Private Law","description":"\u003cdiv class=\"book-description\"\u003e\n\u003cp\u003eThis book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. 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Compensation procedure can be dangerous to your health and may fail to compensate without aggravation or creating other problems.\u003c\/p\u003e\n\n\u003cp\u003e\u003cem\u003eUnexpected Consequences of Compensation Law\u003c\/em\u003e takes a refreshing and insightful approach to the law of compensation, considering from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation.\u003c\/p\u003e\n\n\u003cp\u003eTort law, workers’ compensation, medical law, industrial injury law, and other schemes are examined, and unintended consequences for injured people are considered. 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