Case Study: The Case of Mixt Monies

Fox, David

Case Study: The Case of Mixt Monies

Chapter in book, D Fox and W Ernst (eds), Money in the Western Legal Tradition: Middle Ages to Bretton Woods (Oxford University Press, 2015 Forthcoming)

University of Cambridge Faculty of Law Research Paper No. 70/2014

31 Pages Posted: 18 Dec 2014

See all articles by David Fox

David Fox

School of Law, University of Edinburgh

Date Written: December 1, 2014

Abstract

This chapter considers the intellectual pedigree of the decision of the English Privy Council in Gilbert v Brett (1604), commonly known as the Case of Mixt Monies. It is the only reported common law decision which considers squarely how the debasement of a commodity currency should affect the performance of a monetary obligation. The chapter builds on the author’s previous published work on the Case by considering how the works of the European ius commune and English canon law which were manipulated in the Case in order to justify a common law rule of monetary nominalism.

Keywords: Legal history, Monetary law, Law of obligations

JEL Classification: K1, K11, K19

Suggested Citation: Suggested Citation

Fox, David, Case Study: The Case of Mixt Monies (December 1, 2014). Chapter in book, D Fox and W Ernst (eds), Money in the Western Legal Tradition: Middle Ages to Bretton Woods (Oxford University Press, 2015 Forthcoming), University of Cambridge Faculty of Law Research Paper No. 70/2014, Available at SSRN: https://ssrn.com/abstract=2539518