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Diverging or Converging the Ongoing Relationship of the Common Laws of England and Canada

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Chapter Summary

This chapter provides us with numerous examples of the different approaches taken by the English and Canadian courts, be it to the assessment of damages or the theoretical treatment of contract and unjust enrichment. It identifies the impact of different constitutional structures and the increasing importance of supra-national bodies such as the European Union. The United Kingdom, as part of the European Union, must now face moves for harmonisation of its laws of contract and unjust enrichment, whilst the proximity of the United States to Canada signifies a very different influence on its jurisprudence. Both possess common law systems in close proximity to civilian, or, to be more accurate mixed systems. Unjust enrichment, which can loosely be traced back to Roman law, demonstrates the existence of principles of law which transcend legal systems, albeit interpreted in a manner reflecting the culture and legal traditions of the state.

Keywords: Canadian court; common law systems; culture traditions; English court; laws of contract; laws of unjust enrichment; Roman law



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