Scots and English Law: The Case of Contract
“Scots and English Law: The Case of Contract”, (2001) 54 Current Legal Problems 205-229
18 Pages Posted: 26 Oct 2013
Date Written: October 21, 2013
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.
Keywords: Scots law, English law, Mixed legal systems, Legal history, Comparative law, Contract law
Suggested Citation: Suggested Citation