Post by HLM on Nov 21, 2013 3:52:22 GMT 4
Scots and English Law: The Case of Contract
Hector Lewis MacQueen
University of Edinburgh - School of Law
October 21, 2013
“Scots and English Law: The Case of Contract”, (2001) 54 Current Legal Problems 205-229
Edinburgh School of Law Research Paper No. 2013/41
Abstract:
The J. A. C. Thomas Lecture delivered at University College London on 15 March 2001. A discussion of the relationship of Scots law with English law with specific reference to the example of contract law, arguing that it well illustrates the way in which a mixed legal system can develop, both avoiding the destruction of its Civilian characteristics and absorbing Common Law ones on a basis of critical and rational choice between alternatives. The paper concludes by looking at two recent examples of the process in connection with the law of specific implement and also spousal guarantees of husband's business debts.
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