Law of Obligations — Overview
This theme contains three subjects, namely: Contract, Restitution and Tort
Contract
Discussion Groups
These self-sustaining groups are an essential part of the life of our graduate school. They are organised in some cases by graduate students and in others by Faculty members and meet regularly during term, typically over a sandwich lunch, when one of the group presents work in progress or introduces a discussion of a particular issue or new case. They may also encompass guest speakers from the faculty and beyond.
Publications
Showing five recent publications sorted by author, then title [change this]
Showing 5 of the most recent publications
Change to sort them by year | title | type OR
Show All 101 | Selected publications
S J Bright, 'Unfairness and the Consumer Contract Regulations' in A Burrows and E Peel (eds), Contract Terms (Hart 2007) [...]
This chapter looks at the meaning of unfairness and its inter-relationship with the method chosen to implement the Unfair Terms in Consumer Contracts Regulations.
ISBN: 978-0-19-922937-6
A S Burrows, A Casebook on Contract (Hart 2007)
A S Burrows, 'Chapters 19-20, 28 plus annual supplements 2004, 2005, 2006' in Chitty on Contracts 29th edn ( 2004)
A S Burrows and others (eds), Contract Terms (OUP 2007) [...]
Essays from Norton Rose-Oxford colloquium
ISBN: 978-0-19-922937-6
J Cartwright, J Beatson and A Burrows, Anson's Law of Contract (29th edn, OUP 2010) [...]
New edition of classic text on contract law
ISBN: 9780199282470
Courses
The courses we offer in this field are:
Undergraduate
FHS (Phase II)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the third term of the first year, and all three terms of the second year.
[less]
The syllabus comprises the general principles of the law governing enforceable agreements. It is not concerned with special rules governing specific types of contracts, such as sale, carriage or employment. The principal topics normally discussed are: (a) the rules relating to the formation of agreements and to certain further requirements which must be satisfied to make agreements legally enforceable; (b) the contents of a contract and the rules governing the validity of terms which exclude or restrict liability; (c) the nature and effects in a contractual context of mistake, misrepresentation, duress and undue influence; (d) the general principle that right and duties arising under a contract can only be enforced by and against the parties to it; (e) performance and breach, including the right to terminate for failure in performance and the effects of wrongful repudiation; (f) supervening events as a ground of discharge under the doctrine of frustration; (g) remedies for breach of contract by way of damages, action for the agreed sum, specific performance and injunction. (h) the basis of contractual liability.
Contract is one of the compulsory standard subjects within the Final Honour School syllabus. It also covers material in the “foundations of legal knowledge” and so must be taken by those seeking a professional qualification in England and Wales.
The subject is taught in tutorials arranged by your college tutor. Particular areas are also explored in lectures.
[less]
Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
[less]
The syllabus comprises the general principles of the law governing enforceable agreements. It is not concerned with special rules governing specific types of contracts, such as sale, carriage or employment. The principal topics normally discussed are: (a) the rules relating to the formation of agreements and to certain further requirements which must be satisfied to make agreements legally enforceable; (b) the contents of a contract and the rules governing the validity of terms which exclude or restrict liability; (c) the nature and effects in a contractual context of mistake, misrepresentation, duress and undue influence; (d) the general principle that right and duties arising under a contract can only be enforced by and against the parties to it; (e) performance and breach, including the right to terminate for failure in performance and the effects of wrongful repudiation; (f) supervening events as a ground of discharge under the doctrine of frustration; (g) remedies for breach of contract by way of damages, action for the agreed sum, specific performance and injunction. (h) the basis of contractual liability.
Contract is one of the compulsory standard subjects within the Final Honour School syllabus. It also covers material in the “foundations of legal knowledge” and so must be taken by those seeking a professional qualification in England and Wales.
The subject is taught in tutorials arranged by your college tutor. Particular areas are also explored in lectures.
[less]
Postgraduate
MJur
Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.
[less]
Contract (also part of the BA course)
The syllabus comprises the general principles of the law governing enforceable agreements. It is not concerned with special rules governing specific types of contracts, such as sale, carriage or employment. The principal topics normally discussed are: (a) the rules relating to the formation of agreements and to certain further requirements which must be satisfied to make agreements legally enforceable; (b) the contents of a contract and the rules governing the validity of terms which exclude or restrict liability; (c) the nature and effects in a contractual context of mistake, misrepresentation, duress and undue influence; (d) the general principle that right and duties arising under a contract can only be enforced by and against the parties to it; (e) performance and breach, including the right to terminate for failure in performance and the effects of wrongful repudiation; (f) supervening events as a ground of discharge under the doctrine of frustration; (g) remedies for breach of contract by way of damages, action for the agreed sum, specific performance and injunction. (h) the basis of contractual liability.
Contract is one of the compulsory standard subjects within the Final Honour School syllabus. It also covers material in the “foundations of legal knowledge” and so must be taken by those seeking a professional qualification in England and Wales.
The subject is taught in tutorials arranged by your college tutor. Particular areas are also explored in lectures.
[less]
People
Contract teaching is organized by a Subject Group convened by:
Mindy Chen-Wishart: Reader in Contract Law
in conjunction with:
Dapo Akande: University Lecturer in Public International Law
Alexandra Braun: CUF Lecturer
Adrian Briggs: Professor of Private International Law
Susan Bright: Professor of Land Law, McGregor Fellow
Andrew Burrows, QC: Professor of the Law of England
John Cartwright: Professor of the Law of Contract
Andrew Dyson: College Lecturer and Tutor in Law
Joshua Getzler: Professor of Law and Legal History
Katharine Grevling: CUF Lecturer
Louise Gullifer: Professor of Commercial Law
Jonathan Herring: Professor of Law
Andrew Higgins: Lecturer in Civil Procedure
Thomas Krebs: University Lecturer in Commercial Law
Ewan McKendrick: Registrar
Peter Mirfield: CUF Lecturer
Donal Nolan: CUF Lecturer
Edwin Peel: Professor of Law
Jeremias Prassl: Supernumerary Teaching Fellow in Law
Simon Whittaker: Professor of European Comparative Law
assisted by:
Carmine Conte: DPhil Law student
Jesse Wall: DPhil Law student
Also working in this field, but not involved in its teaching programme:
Tatiana Cutts: DPhil Law student
Jodi Gardner: MPhil Law student
Donald Harris: Retired. Formerly Director of the Centre for Socio-Legal Studies at Balliol
Geneviève Helleringer: Leverhulme Trust Early Career Fellow
Dori Kimel: Reader in Legal Philosophy
Andelka Phillips: DPhil Law student
Dan Prentice: Emeritus Professor of Corporate Law
Francis Reynolds: Emeritus Professor of Law at Worcester College
Jan Peter Schmidt: Max Planck Fellow
Guenter Treitel: Emeritus Vinerian Professor of English Law at All Souls
Rafal Zakrzewski: Career Development Fellow
[top]
Restitution
Publications
Showing five recent publications sorted by author, then title [change this]
Showing 5 of the most recent publications
Change to sort them by year | title | type OR
Show All 25 | Selected publications
A S Burrows, 'Absence of Basis: the New Birksian Scheme' in Andrew Burrows and Alan Rodger (eds), Mapping the Law: Essays in Memory of Peter Birks (OUP 2006) [...]
Essay analysing the advantages and disadvantages of Birks' new approach to the unjust question in unjust enrichment.
ISBN: 0-19-920655-4
A S Burrows, Ewan McKendrick and James Edelman, Cases and Materials on the Law of Restitution, 2nd edition (OUP 2007)
A S Burrows and Lord Rodger of Earlsferry (co-editor) (eds), Mapping the Law: Essays in Memory of Peter Birks (OUP 2006) [...]
Essays in memory of Peter Birks
ISBN: 0-19-920655-4
A S Burrows, 'The English Law of Restitution: A Ten-Year Review' in Neyers, McInnes and Pitel (eds), Understanding Unjust Enrichment ( 2004)
A S Burrows, 'Unravelling Proprietary Restitution: a Response to Professor Lionel Smith' (2005) Canadian Business Law Journal 424
Courses
The courses we offer in this field are:
Postgraduate
BCL
Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds
[less]
Restitution of Unjust Enrichment
Restitution of Unjust Enrichment is concerned with about how and when a claimant can compel a defendant to surrender an enrichment gained at the claimant’s expense. Long neglected, the subject has in recent years been one of the most exciting in the postgraduate curriculum. It draws its cases from areas of the law which have resisted rational analysis, largely because they have tenaciously preserved the language of an earlier age.
Common lawyers found themselves unable to escape from money had and received, money paid, and quantum meruit, while those on the chancery side became defensively fond of the unsolved mysteries of tracing and trusts arising by operation of law. In the result, down to earth questions about getting back money and value in other forms have been made to seem much more difficult than they need be. The aim of any course on restitution must be to try to understand what has really been going on and to play back that understanding to the courts in accessible modern language. These aims are helped by keeping an eye on the main lines of civilian solutions to the problems with which the common law has to wrestle.
Note that this course is concerned only with restitution of unjust enrichment. Restitution for wrongs is not part of the course and is dealt with in the Commercial remedies course.
Teaching is through twelve seminars. The seminars are supported by two introductory lectures and by the provision of four tutorials. A detailed account of the course is produced every year in and posted on this site. The subject of every seminar is set out, with a list of cases and other materials to be read, together with questions and problems intended to stimulate thought.
[less]
MJur
Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.
[less]
Restitution of Unjust Enrichment
Restitution of Unjust Enrichment is concerned with about how and when a claimant can compel a defendant to surrender an enrichment gained at the claimant’s expense. Long neglected, the subject has in recent years been one of the most exciting in the postgraduate curriculum. It draws its cases from areas of the law which have resisted rational analysis, largely because they have tenaciously preserved the language of an earlier age.
Common lawyers found themselves unable to escape from money had and received, money paid, and quantum meruit, while those on the chancery side became defensively fond of the unsolved mysteries of tracing and trusts arising by operation of law. In the result, down to earth questions about getting back money and value in other forms have been made to seem much more difficult than they need be. The aim of any course on restitution must be to try to understand what has really been going on and to play back that understanding to the courts in accessible modern language. These aims are helped by keeping an eye on the main lines of civilian solutions to the problems with which the common law has to wrestle.
Note that this course is concerned only with restitution of unjust enrichment. Restitution for wrongs is not part of the course and is dealt with in the Commercial remedies course.
Teaching is through twelve seminars. The seminars are supported by two introductory lectures and by the provision of four tutorials. A detailed account of the course is produced every year in and posted on this site. The subject of every seminar is set out, with a list of cases and other materials to be read, together with questions and problems intended to stimulate thought.
[less]
People
Restitution teaching is organized by a Subject Group convened by:
William Swadling: Reader in Property Law
in conjunction with:
Andrew Burrows, QC: Professor of the Law of England
Mindy Chen-Wishart: Reader in Contract Law
Ewan McKendrick: Registrar
Edwin Peel: Professor of Law
Robert Stevens: Herbert Smith Freehills Professor of English Private Law
Simon Whittaker: Professor of European Comparative Law
Also working in this field, but not involved in its teaching programme:
Tatiana Cutts: DPhil Law student
Derek Davies: Retired. Formerly Fellow and Tutor in Law at St Catherine's
Jodi Gardner: MPhil Law student
[top]
Tort
News
Professor Jane Stapleton wins the William L. Prosser Award
Professor Jane Stapleton has been awarded the prestigious William L. Prosser Award by the Association of American Law Schools [more…]
Publications
Showing five recent publications sorted by author, then title [change this]
Showing 5 of the most recent publications
Change to sort them by year | title | type OR
Show All 78 | Selected publications
R M Bagshaw, 'Causing the Behaviour of Others and Other Causal Mixtures' in Richard Goldberg (ed), Perspectives on Causation (Hart Publishing 2011) [...]
This chapter investigates the concept of ‘cause’ which ought to be used by tort lawyers when making claims such as that Derek’s wrongful behaviour ‘caused’ Trevor to act in some way, in particular in circumstances where we regard Trevor’s action as ‘voluntary’ rather than ‘coerced’. The central issue is whether a tort lawyer’s inquiry into whether Derek’s wrongful behaviour ‘caused’ Trevor to act in some way ought to be the same as an inquiry into whether Derek’s wrongful behaviour ‘caused’ the kettle to boil or the toaster to burn the toast.
ISBN: 9781849460866
R M Bagshaw, 'Downloading Torts: An English Introduction to On-Line Torts' in H Snijders and S Weatherill (eds), E-Commerce Law (Kluwer Law International 2003) [...]
Chapter in book
ISBN: 9041199179
R M Bagshaw, 'Private Nuisance and Defence of the Realm' (2004) 120 Law Quarterly Review 37 [Case Note] [...]
Casenote
ISBN: 0023933X
R M Bagshaw, 'Rylands Confined' (2004) 120 Law Quarterly Review 388 [Case Note] [...]
Casenote on Transco v Stockport MBC
ISBN: 0023-933X
R M Bagshaw, 'The Edges of Tort Law’s Rights' in D Nolan and A Robertson (eds), Rights and Private Law (Hart Publishing 2011) [...]
Most proponents of a ‘rights-focused account’ of the law of torts argue that not only are there currently no general common law rights to pure economic benefits but there are also good reasons why general common law rights to purely economic benefits should not exist whilst general common law rights to property do, or good reasons why legislators or judges should not in future create or recognise general common law rights to purely economic benefits. The main purpose of this chapter is to evaluate these ‘good reasons’ using three perspectives provided by the ‘edges’ of currently recognised legal rights.
ISBN: 9781849461429
Courses
The courses we offer in this field are:
Undergraduate
FHS (Phase II)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the third term of the first year, and all three terms of the second year.
[less]
Tort is one of the compulsory standard subjects within the Final Honour School syllabus. It also covers material in the “foundations of legal knowledge” and so must be taken by those seeking a professional qualification in England and Wales. The law of tort is mainly concerned with providing compensation for personal injury and damage to property, but also protects other interests, such as reputation, personal freedom, title to property, enjoyment of property, and commercial interests.The subject is taught in tutorials arranged by your college tutor. Lectures in Michaelmas and Trinity terms cover most, but not all, of the topics on the agreed reading list. Revision lectures on contract and tort take place in Hilary term.
[less]
Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
[less]
Tort is one of the compulsory standard subjects within the Final Honour School syllabus. It also covers material in the “foundations of legal knowledge” and so must be taken by those seeking a professional qualification in England and Wales. The law of tort is mainly concerned with providing compensation for personal injury and damage to property, but also protects other interests, such as reputation, personal freedom, title to property, enjoyment of property, and commercial interests.The subject is taught in tutorials arranged by your college tutor. Lectures in Michaelmas and Trinity terms cover most, but not all, of the topics on the agreed reading list. Revision lectures on contract and tort take place in Hilary term.
[less]
Postgraduate
MJur
Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.
[less]
Tort (also part of the BA course)
Tort is one of the compulsory standard subjects within the Final Honour School syllabus. It also covers material in the “foundations of legal knowledge” and so must be taken by those seeking a professional qualification in England and Wales. The law of tort is mainly concerned with providing compensation for personal injury and damage to property, but also protects other interests, such as reputation, personal freedom, title to property, enjoyment of property, and commercial interests.The subject is taught in tutorials arranged by your college tutor. Lectures in Michaelmas and Trinity terms cover most, but not all, of the topics on the agreed reading list. Revision lectures on contract and tort take place in Hilary term.
[less]
People
Tort teaching is organized by a Subject Group convened by:
James Goudkamp: University Lecturer (CUF)
in conjunction with:
Roderick Bagshaw: CUF Lecturer
Andrew Burrows, QC: Professor of the Law of England
John Cartwright: Professor of the Law of Contract
Andrew Dyson: College Lecturer and Tutor in Law
Lucinda Ferguson: University Lecturer in Family Law
Rob George: British Academy Postdoctoral Fellow
Imogen Goold: CUF Lecturer
Noam Gur: Shaw Foundation Fellow in Law, Lincoln College
Andrew Higgins: Lecturer in Civil Procedure
Laura Hoyano: Hackney Fellow & Tutor in Law and CUF Lecturer
Thomas Krebs: University Lecturer in Commercial Law
Dorota Leczykiewicz: Leverhulme Trust Early Career Fellow
Mike Macnair: CUF Lecturer
Donal Nolan: CUF Lecturer
Edwin Peel: Professor of Law
Denise Réaume: Visiting Professor
Roger Smith: CUF Lecturer
Rachel Taylor: Lecturer
Simon Whittaker: Professor of European Comparative Law
Also working in this field, but not involved in its teaching programme:
Paul Craig: Professor of English Law
John Davies: Retired. Formerly Fellow and Tutor in Law at Brasenose
Eric Descheemaeker: Research Fellow, Institute of European and Comparative Law
Simon Douglas: CUF Lecturer
Jodi Gardner: MPhil Law student
Sarah Green: CUF Lecturer
Donald Harris: Retired. Formerly Director of the Centre for Socio-Legal Studies at Balliol
Angus Johnston: CUF Lecturer
Martin Matthews: Retired. Formerly CUF Lecturer
Peter North: Retired. Formerly Principal of Jesus
Gosia Pearson: Policy Officer, DG Humanitarian Aid and Civil Protection of the European Commission
[top]

