Introduction to Contractual and Tortious Obligations

The purpose of this book on the law of contractual and tortuous obligations is to provide an overview of the two foundational law subjects of Obligations I (contract) and Obligations II (tort). This book does not aim to be a textbook covering in full detail both subjects; it is intended, instead, to provide students with a basic structural and methodological grasp of contract and tort together with an outline of associated topics such as restitution and remedies. In addition it will provide a European and international context to the law of obligations in order to encourage students of contract and tort to appreciate alternative models to the ones to be found in England. These alternative viewpoints will evidently be useful as aspects of the law of obligations are increasingly synchronised within the EU. Yet they can equally be of value in the understanding of English law itself in that comparison can reveal hidden aspects to a number of contract, tort and remedy cases. The book will depart from the normal chapter headings associated with standard works on contract and tort and approach obligations mainly, although not exclusively, in terms of liability.
The book will argue that importing the category of a 'law of obligations' from the civil law world does not come without serious conceptual problems and that, accordingly, the whole notion of obligations in English law must be treated with care.