ORCID Profile
0000-0002-6616-3481
Current Organisation
The University of Auckland
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Publisher: Routledge
Date: 14-01-2019
Publisher: Edinburgh University Press
Date: 2020
Abstract: Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and in idual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.
Publisher: Informa UK Limited
Date: 04-05-2014
Publisher: Oxford University Press (OUP)
Date: 21-10-2021
DOI: 10.1093/AJLH/NJZ019
Abstract: Some nineteenth century writers like the Scottish born poet William Golder, used the term ‘the Great Britain of the south’ as a description of his new home. He was not alone in this characterisation. There were of course other possible perspectives, not least from the Māori point of view, which these British writers inevitably fail to capture. A third reality was more specific to lawyers or at least to those caught up in the legal system. The phrase ‘the Great Britain of the south’ fails to capture the complexity of the way that English law was applied in the early colony. The law administered throughout the British Empire reflected the common law origins of colonial legal systems but did not mean that the law was identical to that in England. Scholars have emphasised the adaptability of English law in various colonial settings. New Zealand contract law of this time did draw on some English precedents. The early lawyers were steeped in the English legal tradition. At the same time, English authorities were used with a light touch. The legal and social framework within which contract law operated was also quite different. This meant, for ex le, that mercantile juries were important in adapting the law to local conditions. Early New Zealand contract law provides a good ex le of both the importance of English law in a colonial setting and its adaptability.
Publisher: Cambridge University Press
Date: 25-07-2013
Publisher: Routledge
Date: 14-01-2019
Publisher: Cambridge University Press (CUP)
Date: 18-09-2019
DOI: 10.1017/S0008197319000680
Abstract: Vicarious liability was, and it remains, curiously unsatisfactory. After a period of stability from the Middle Ages into the early modern period in the late seventeenth into the early eighteenth century, the existing law of vicarious liability began to be challenged. The mid-nineteenth century saw another reappraisal coinciding with the rise of notions of fault. The period that follows, from the late nineteenth century until after the Second World War period has not attracted much comment. One key debate in this period and earlier which provides a useful lens to examine the doctrine was whether vicarious liability should be properly characterised as a master's or servant's tort theory. The history of the doctrine during this period goes some way to explaining why the modern law remains incoherent.
Publisher: Cambridge University Press
Date: 05-04-2012
Publisher: Cambridge University Press
Date: 31-01-2015
Abstract: The foundations for modern contract law were laid between 1670 and 1870. Rather than advancing a purely chronological account, this examination of the development of contract law doctrine in England during that time explores key themes in order to better understand the drivers of legal change. These themes include the relationship between lawyers and merchants, the role of equity, the place of statute, and the part played by legal literature. Developments are considered in the context of the legal system of the time and through those who were involved in litigation as lawyers, judges, jurors or litigants. It concludes that the way in which contract law developed was complex. Legal change was often uneven and slow, and some of the apparent changes had deep roots in the past. Clashes between conservative and more reformist tendencies were not uncommon.
Publisher: Edward Elgar Publishing
Date: 2019
Publisher: Edinburgh University Press
Date: 05-2009
Publisher: Edinburgh University Press
Date: 05-2011
Publisher: Hart Publishing
Publisher: Informa UK Limited
Date: 04-2005
Publisher: Hart Publishing
Publisher: Cambridge University Press
Date: 24-10-2011
Publisher: Informa UK Limited
Date: 09-2016
Publisher: School of Advanced Study
Date: 2011
DOI: 10.14296/AC.V2009I78.1202
Abstract: Article by Dr Warren Swain and Karen Fairweather, School of Law, Durham University published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.
Publisher: Routledge
Date: 14-01-2019
Publisher: Cambridge University Press (CUP)
Date: 12-2010
DOI: 10.1111/J.1748-121X.2010.00178.X
Abstract: Writing in the introduction to his new treatise on contract in 1826, Joseph Chitty observed that ‘Perhaps no branch of the jurisprudence of this country has of late years been more subject of judicial inquiry and decision than the Law of Contracts’. It is generally accepted that the so-called classical model of contract law, which remains influential into the present day, was created at this time. Ever since the subject first attracted sustained attention from legal historians in the 1970s, the driving forces of these developments have been contested. Some saw legal change as a product of economic and social factors. For others the reception of new ways of thinking and legal literature provided a more convincing explanation. What is not usually disputed is that there was a fundamental revolution in contract doctrine and literature in the nineteenth century. This assumption is open to challenge. It fails to give proper weight to the past. In fact these changes were deeply rooted in the eighteenth century and even earlier.
Publisher: Cambridge University Press
Date: 24-06-2010
Publisher: Hart Publishing
Date: 2019
Publisher: Informa UK Limited
Date: 02-01-2022
Publisher: Elsevier BV
Date: 2020
DOI: 10.2139/SSRN.3632494
Publisher: Edinburgh University Press
Date: 2013
Publisher: Cambridge University Press
Date: 12-07-2012
Publisher: Cambridge University Press
Date: 21-06-2019
Publisher: Max Planck Institute for Legal History and Legal Theory
Date: 2019
Publisher: Elsevier BV
Date: 2021
DOI: 10.2139/SSRN.3729864
Location: United Kingdom of Great Britain and Northern Ireland
No related grants have been discovered for Warren Swain.