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Confusio: Reference to Roman Law in the House of Lords and the Development of English Private Law

Roman Legal Tradition, Vol. 5, pp. 24-66, 2009

43 Pages Posted: 26 Dec 2009 Last revised: 29 Dec 2009

James Lee

The Dickson Poon School of Law, King's College London

Date Written: December 22, 2009

Abstract

This paper examines the use of Roman law by members of the House of Lords in three recent decisions: Fairchild vs. Glenhaven Funeral Services [2002] UKHL 22; Foskett vs. McKeown [2001] 1 AC 102; and OBG vs. Allan [2007] UKHL 21, The contrasting views of Professor Peter Birks and Professor Sir Basil Markesinis are considered, and it is argued that within the decisions can be seen the value of reference to Roman law.

Keywords: Roman Law, Tort, Unjust Enrichment, Restitution, Comparative Law, English Law

Suggested Citation

Lee, James, Confusio: Reference to Roman Law in the House of Lords and the Development of English Private Law (December 22, 2009). Roman Legal Tradition, Vol. 5, pp. 24-66, 2009. Available at SSRN: https://ssrn.com/abstract=1527209 or http://dx.doi.org/10.2139/ssrn.1527209

James Lee (Contact Author)

The Dickson Poon School of Law, King's College London ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

HOME PAGE: http://https://tinyurl.com/yaau275v

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