This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.
Table Of Contents
1. Between Form and Substance
Andrew Robertson and James Goudkamp
2. Form and Substance: Fictions and Judicial Power
Andrew Burrows
3. 'Substance Over Form': Has the Pendulum Swung Too Far?
Birke Häcker
4. Form, Substance and Recharacterisation
Pey-Woan Lee
5. In Defence of Formalism
William Swadling
6. Private Law and the Form of Reasons
Robert Stevens
7. The Formality of Contractual Obligation
Liam Murphy
8. Two Forms of Formalism
Dan Priel
9. Form and Substance in Equity
Ben McFarlane
10. Modern Equity – At the Edge of Formal Reasoning?
Man Yip
11. The Form and Substance of Equitable Estoppel
Andrew Robertson
12. Trends in Tort Law: Bad Form and Addictive Substance?
James Lee
13. Form and Substance in the Tort of Deceit
Jason W Neyers
14. Form and Substance in the Law of Punitive Damages
James Goudkamp and Eleni Katsampouka
15. Statute Law in the Law of Obligations: Dimensions of Form and Substance
Mark Leeming
16. Interpretive Formalism in the Law of Obligations: Thirty Years after Form and Substance
Ben Chen and Jeff Gordon
17. Misrepresentation, Misleading Conduct and Statute through the Lens of Form and Substance
Jeannie Marie Paterson and Elise Bant
18. Form and Substance: Three Observations on the State of Debate
Kit Barker
