Just Published: Form and Substance in the Law of Obligations (Robertson and Goudkamp eds)

This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.

1. Between Form and Substance (Andrew Robertson and James Goudkamp)
2. Form and Substance: Fictions and Judicial Power (Andrew Burrows)
3. ‘Substance Over Form’: Has the Pendulum Swung Too Far? (Birke Häcker)
4. Form, Substance and Recharacterisation (Pey-Woan Lee)
5. In Defence of Formalism (William Swadling)
6. Private Law and the Form of Reasons (Robert Stevens)
7. The Formality of Contractual Obligation (Liam Murphy)
8. Two Forms of Formalism (Dan Priel)
9. Form and Substance in Equity (Ben McFarlane)
10. Modern Equity – At the Edge of Formal Reasoning? (Man Yip)
11. The Form and Substance of Equitable Estoppel (Andrew Robertson)
12. Trends in Tort Law: Bad Form and Addictive Substance? (James Lee)
13. Form and Substance in the Tort of Deceit (Jason W Neyers)
14. Form and Substance in the Law of Punitive Damages (James Goudkamp and Eleni Katsampouka)
15. Statute Law in the Law of Obligations: Dimensions of Form and Substance (Mark Leeming)
16. Interpretive Formalism in the Law of Obligations: Thirty Years after Form and Substance (Ben Chen and Jeff Gordon)
17. Misrepresentation, Misleading Conduct and Statute through the Lens of Form and Substance (Jeannie Marie Paterson and Elise Bant)
18. Form and Substance: Three Observations on the State of Debate (Kit Barker)

Andrew Robertson and James Goudkamp eds, Form and Substance in the Law of Obligations. Published: 28-11-2019. 504pp. ISBN: 9781509929450. Hart Publishing. RRP: £95.00. Discount Price: £76 – order online at www.hartpublishing.co.uk – use the code CV7 at the checkout to get 20% off your order.

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