Obligations

PrefaceTable of CasesTables of LegislationAbbreviations

1. Introduction

The nature of an obligationBasis of liability in obligationsType of liability in obligations-personal and real rightsObjective and subjective perspectives on liabilityInterface of obligationsRise of concurrent liabilityRole of good faithEuropean codification and legal developmentEffect of the Human Rights Act 1998

2. Contract and Unilateral Promise

Nature of contract and unilateral promiseDistinguishing promise from contractFormGiving effect to an acceptance or a promisePromises attached to invitations to treat and offersOptionsLetters of intentOffers of rewardSpecific examples of promise in Scots LawUnilateral contracts in Scots LawPromise and the Principles of European Contract Law

3. Contract and Delict

3.1 Introduction to DelictNature of the obligation of delictGeneral Action for reparation of wrongful behaviour

3.2 Delictual Liability and Contract FormationLiability while negotiatingMisrepresentationUse or disclosure of confidential information obtained during negotiationsOther delictual actions during contractual negotiationsWrongful interference with performance of contract

3.3 Concurrent LiabilityPermitted concurrenciesReasons for choosing contract or delictTwo party casesThree party casesSolutions to concurrent liability problemsImpact of contractual exclusions on delictual liabilityDiffering standards of duty between contractual and delictual claims

3.4 Contractual DamagesIntroductionProtection of performance or restoration interest in contractual damagesAssessing contractual damages: loss to the pursuer or failure to receive expected performance?

4. Unjustified Enrichment and Contract

4.1 A Summary of Unjustified Enrichment LawThe modern enrichment revolutionCurrent state of the law in general termsComponents of the modern unjustified enrichment actionDefences to an action of unjustified enrichmentThe measure of recover and remediesA general action or a number of actions?To codify or not to codify?

4.2 Unjustified Enrichment and ContractSubsidiarity: enrichment postponed to contract?Remedying a breach of contract: compensation for loss, not disgorgement of gainPre-contractual actingsEnrichment and illegal contractsVoidable contracts: the nature of restitution in integrumRestitutio in integrum as a contractual remedyVoid contractsBreach of contract-one party in breach-innocent party's remediesBreach of contract-one party in breach-guilty party's remediesBreach of contract-both parties in breachPre-contractual frustrationPost-contractual frustration

5. Unjustified Impoverishment

General recognition of unjustified impoverishmentNegotiorum gestioPre-contractual liability-liability for wasted expenditure in failed contractsConclusion in unjustified impoverishment

6. Delict and Unjustified Enrichment

The delict-enrichment interfaceEnrichment measure in delictual remediesDamages in an enrichment measureIs the law in need of reform?Other types of claim for more than loss sufferedConclusion on interface between delict and unjustified enrichment

Bibliography, Index