This two-volume series offers the first detailed and systematic account of the history of private law in Scotland. Volume 2 covers topics such as insurance, negligence, liability, breach of contract, unfair contract terms, sale, and defamation.

Scotland has a special claim for the attention of comparative lawyers, of legal historians and of those who seek to identify a common core in European private law or to develop a new jus commune. For Scotland stands at the intersection of the two great traditions of European law - of the law of Rome, received and developed in Continental Europe and of the law which originated in England but was exported throughout the British Empire. In Scotland, uniquely in Europe, there is to be found a fusion of the civil law and the common law. Law in Scotland has a long history, uninterrupted either by revolution or by codification. It is rich in source material, both printed and archival. Yet hitherto the history of legal doctrine has been relatively neglected. This work is a detailed and systematic study in the field of private law. It takes key topics from the law of obligations and the law of property and traces their development from earliest times to the present day. A picture emerges of the slow but profound reception of civil law, beginning in the medieval period and continuing until the eighteenth century and of the influential role of Canon law.

Law in Scotland has a long history, uninterrupted either by revolution or by codification. This work is the first detailed and systematic study in the field of Scottish private law. It takes key topics from the law of obligations and the law of property and traces their development from earliest times to the present day.

This work is a detailed study of the field of private law. It takes key topics from the law of obligations and the law of property and traces their historical development.

A comparative examination of core words used by courts, legislators, and academic commentators in describing the nature of obligations law.

This book presents an original theory of the just price, and it is a welcome addition to scholarship on a radically underdeveloped field. This work reassesses the age-old idea that there is a just price of things, one that goes beyond the Scholastic tradition of the just price and its exclusive concern with commutative justice. There is more to just price theory than the concern for keeping equality of value between goods exchanged. Modern concerns over efficiency, autonomy, and distributive justice, can also find a place within a theory of the just price. The book: - Presents a new approach to just price theory through a broad analysis of different values and the incorporation of those conceptions into a wider normative framework - Argues that these different values ground varied conceptions of the just price, and - Promotes a virtue-based approach to price justification as an adequate framework for meeting the challenges that stem from each conception Perfect for scholars and students in the fields of jurisprudence, philosophy of private law, contract law, and political theory, this book makes a significant contribution to legal theory and the emerging field of the philosophy of economics.

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.