Explaining Conscience in Private Law
Book Details
Format
Hardback or Cased Book
Book Series
Hart Studies in Private Law
ISBN-10
1509933646
ISBN-13
9781509933648
Publisher
Bloomsbury Publishing PLC
Imprint
Hart Publishing
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Jan 21st, 2027
Print length
240 Pages
Product Classification:
Private / Civil law: general worksContract law
Ksh 13,950.00
Not Yet Published
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This book uses doctrinal and theoretical analysis to explain the meaning and role of conscience and unconscionability in private law. It shows how they appear most prominently in the context of equitable obligations and primary equitable and common law liabilities. The book tracks how their use reveals two major recurring moral concerns. Firstly, the prevention of unconscientious retention of the benefits afforded by legal rights. Secondly, that of the need to give effect to, or redress the negative consequences of a breach of a voluntary undertaking in certain circumstances. Where the limits of conscience are understood and respected, it can bring certainty and as such ensures the authority of private law. This is a fascinating study of little understood but crucial concepts in private law.
This book uses doctrinal and theoretical analysis to explain the meaning and role of conscience and unconscionability in private law. It shows how they appear most prominently in the context of equitable obligations and primary equitable and common law liabilities. The book tracks how their use reveals two major recurring moral concerns. Firstly, the prevention of unconscientious retention of the benefits afforded by legal rights. Secondly, that of the need to give effect to, or redress the negative consequences of a breach of a voluntary undertaking in certain circumstances. Where the limits of conscience are understood and respected, it can bring certainty and as such ensures the authority of private law. This is a fascinating study of little understood but crucial concepts in private law.
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