Unity, Divergence and Convergence in the Common Law of Obligations

Abstract

The development of the law of obligations across the common law world has been, and continues to be, a complicated story of unity, divergence and convergence. The common law jurisdictions of the United States broke away early and developed their own distinctive version of the common law. In major Commonwealth jurisdictions the common law of obligations for some time remained relatively uniform as a result of a number of different forces, some more formal and direct than others. The law of contract, tort, equity and restitution in these jurisdictions was held together: fi rst, by the view that the common law remained essentially a single body of law; secondly, by the Privy Council acting as the ultimate appellate court for many jurisdictions; thirdly, by courts outside England treating decisions of the House of Lords as binding and, later, with deference. While those formal ties have loosened their grip over time, other less formal factors continue to play a unifying role.The story of unity, divergence and convergence in the common law, as well as the theoretical underpinnings of that story, are addressed in the essays in this book, particularly in the context of the common law of obligations.