Date: Thu, 13 Dec 2007 15:16

From: John Swan

Subject: Obligations in the common law

For those of us who took Conflicts, particularly from John Morris, the use of the term, “obligations”, to encompass both contracts and torts — restitution wasn’t invented then — would have appeared quite natural. When Jason used the word in setting up the Group, that connotation made the use of the word, at least for me, entirely appropriate and expected.

John

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From: michael furmston
Sent: December 13, 2007 9:45 AM
To: Robert Stevens; KA Oliphant
Cc: Tariq Baloch; Beaulac Stephane; Chaim Saiman  
Subject: RE: ODG: obligations in the common law

During my 4 years at Oxford from 1953 to 1957 I studied 4 Roman law papers and could have done 5 if I had chosen the delicts option. Lawyers of my generation learned classification from Gaius so the use of obligations is perfectly natural.

Peter Birks was not anymore Roman trained than the rest of us. He just specialised in teaching Roman Law for many years.

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