1 Prologue: The Prehistory of the English Law of Obligations
Pervasive Ideas
Penalties and Entitlements
Wrongs: Dishonour and Loss
The Economy of Exchange
Oaths: Threats and Promises
Contracts and Personal Bonds
Obligations in Roman Law
Delict
Contract
Quasi-Contract
Quasi-Delict
2 Structural Foundations
Liability for Wrongdoing: Damage and Dishonour
Glanvill and the Law of Debt
Covenant and a Law of Contract
3 Unity and Fragmentation of the Mediaeval Law of Contract
The Formalization of Covenant
Covenant and the Conditional Bond
The Fragmentation of Remedies for Informal Contracts
4 Trespass, Trespass on the Case, and the Mediaeval Law of Tort
The Core of Trespass: Forcible Wrongdoing
Contractual Misperformance and Non-forcible Wrongs
The Origins of Trespass on the Case
5 The Substantive Law of Torts
Strict Liability and the Role of Fault
The Scope of Trespassory Liability
6 The Substantive Law of Contract
Voluntariness, Agreement, and the Formation of Contracts
The Boundaries of Contract
Expectations, Entitlements, and Liability for Breach of Contract
Part 2 The Triumph of Trespass on the Case
7 Tort, Property, and Reputation: the Expansion of the Action on the Case
Nuisance
Trover and Conversion
Tort and Reputation: Defamation
8 The Rise of the Action of Assumpsit
Trespass on the Case and Contractual Liability
Contract and Tort: the Action of Assumpsit
Assumpsit and the Theory of Contract
The Formal Structure of Contractual Litigation
Part 3 The Modern Law of Tort and Contract
9 Trespass, Case, and the Moral Basis of Liability
Trespass and Case: the Formal Division
The Crystallisation of Neglligence
10 The Law of Torts in the Nineteenth Century: The rise of the Tort of Negligence
The Tort of Negligence
The Fragmentation of the Law of Tort
11 The Law of Torts in the Twentieth Century: Expansion and Collapse of the Tort of Negligence
The Unity of the Tort of Negligence
Negligence and its Satellites
12 Foundations of the Modern Law of Contract
The Model of Contract
The Theory of Contract
13 The Rise of the Will Theory
The Will Theory and the Classical Model of Contract
The Will Theory and the Model of Exchange
14 The Decline of the Will Theory: Legal Regulation and Contractual Fairness
Internal Weakness of the Will Theory
Undercutting the Will of the Parties
Part 4 Unjust Enrichment
15 Unjust Enrichment
Unjust Enrichment before Lord Mansfield
Implied Trusts and Implied Contracts
Quasi-Contract, Restitution, and Unjust Enrichment
16 Legal Change and Legal Continuity
Prologue: The Prehistory of the English Law of Obligations
I Form and Substance in Medieveal Law
1. Structural Foundations
2. Unity and Fragmentation of the Mediaeval Law of Contract
3. Trespass, Trespass on the Case, and the Mediaeval Law of Tort
4. The Substantive Law of Torts
5. The Substantive Law of Contract
2 The Triumph of Trespass on the Case
6. Tort, Property, and Reputation: the Expansion of the Action on the Case
7. The Rise of the Action of Assumpsit
3 The Modern Law of Tort and Contract
8. Trespass, Case, and the Moral Basis of Liability
9. The Law of Torts in the Nineteenth Century: The Rise of the Tort of Negligence
10. The Law of Torts in the Twentieth Century: Expansion and Collapse of the Tort of Negligence
11. Foundations of the Modern Law of Contract
12. The Rise of the Will Theory
13. The Decline of the Will Theory: Legal Regulation and Contractual Fairness
4 Unjust Enrichment
14. Unjust Enrichment
15. Legal Change and Legal Continuity