Obligations

Martin Hogg was formerly Professor of the Law of Obligations at Edinburgh Law School, and is currently an Established Professor at the University of Galway School of Law. He is a former Editor of the Edinburgh Law Review and has researched and taught contract law for over thirty years. He is the author of Promises and Contract Law: Comparative Perspectives (2011) and Obligations: Law and Language (2017).

• PrefaceTable of CasesTables of LegislationAbbreviations1. IntroductionThe nature of an obligationBasis of liability in obligationsType of liability in obligations—personal and real rightsObjective and subjective perspectives on liabilityInterface of obligationsRise of concurrent liabilityRole of good faithEuropean codification and legal developmentEffect of the Human Rights Act 19982. Contract and Unilateral PromiseNature of contract and unilateral promiseDistinguishing promise from contractFormGiving effect to an acceptance or a promisePromises attached to invitations to treat and offersOptionsLetters of intentOffers of rewardSpecific examples of promise in Scots LawUnilateral contracts in Scots LawPromise and the Principles of European Contract Law3. Contract and Delict3.1 Introduction to DelictNature of the obligation of delictGeneral Action for reparation of wrongful behaviour3.2 Delictual Liability and Contract FormationLiability while negotiatingMisrepresentationUse or disclosure of confidential information obtained during negotiationsOther delictual actions during contractual negotiationsWrongful interference with performance of contract3.3 Concurrent LiabilityPermitted concurrenciesReasons for choosing contract or delictTwo party casesThree party casesSolutions to concurrent liability problemsImpact of contractual exclusions on delictual liabilityDiffering standards of duty between contractual and delictual claims3.4 Contractual DamagesIntroductionProtection of performance or restoration interest in contractual damagesAssessing contractual damages: loss to the pursuer or failure to receive expected performance?4. Unjustified Enrichment and Contract4.1 A Summary of Unjustified Enrichment LawThe modern enrichment revolutionCurrent state of the law in general termsComponents of the modern unjustified enrichment actionDefences to an action of unjustified enrichmentThe measure of recover and remediesA general action or a number of actions?To codify or not to codify?4.2 Unjustified Enrichment and ContractSubsidiarity: enrichment postponed to contract?Remedying a breach of contract: compensation for loss, not disgorgement of gainPre-contractual actingsEnrichment and illegal contractsVoidable contracts: the nature of restitution in integrumRestitutio in integrum as a contractual remedyVoid contractsBreach of contract—one party in breach—innocent party's remediesBreach of contract—one party in breach—guilty party's remediesBreach of contract—both parties in breachPre-contractual frustrationPost-contractual frustration5. Unjustified ImpoverishmentGeneral recognition of unjustified impoverishmentNegotiorum gestioPre-contractual liability—liability for wasted expenditure in failed contractsConclusion in unjustified impoverishment6. Delict and Unjustified EnrichmentThe delict-enrichment interfaceEnrichment measure in delictual remediesDamages in an enrichment measureIs the law in need of reform?Other types of claim for more than loss sufferedConclusion on interface between delict and unjustified enrichmentBibliography, Index