Harvard Tercentenary Publication. The Future of the Common Law. Pp. xx, 250. Cambridge, Mass.: Harvard University Press, 1937. $3.00

Author(s):  
William Seagle
1913 ◽  
Vol 13 (7) ◽  
pp. 595
Author(s):  
Robert Ludlow Fowler
Keyword(s):  

Author(s):  
Daniel Visser

Unjustified enrichment confronted both civil and common lawyers with thinking which was often completely outside the paradigm to which they had become accustomed. The recognition of unjustified enrichment as a cause of action in its own right in English law created a new arena of uncertainty between the systems. This article argues that comparative lawyers can make an important contribution to the future of the fractured and fractious world of unjustified enrichment. It may help to uncover the enormous wealth of learning of which both the common law and the civil law are the repositories, and so bring the same level of understanding to the law of unjustified enrichment which has, over the years, been achieved between the systems in regard to contract and tort.


1999 ◽  
Vol 6 (3) ◽  
pp. 235-248 ◽  
Author(s):  

AbstractWithin the common law world, the use of the term informed consent implies the American doctrine. Informed consent as a doctrine is not part of the law in the United Kingdom. However, it is possible to predict a way forward in disclosure cases yet to be heard in the courts of the United Kingdom. These predictions are based on current developments in the common law in the United Kingdom as well as those in Canada and Australia, on the European convention on Human Rights and Biomedicine and on trends within the medical profession itself in the light of the Bolam test.


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