Nathan Tamblyn

Published: Jan 01, 2016 by (2016) 33 Journal of Contract Law 135
Authors: Tamblyn

This article argues that rescission of a contract and restitution of what passed under it are best viewed as two distinct operations. Similarly, inability to give counter-restitution, lapse of time, and third party rights, should not be bars to rescission; they are best accommodated at the restitution stage.

Published: Jan 01, 2015 by (2015) 79 Journal of Criminal Law 46
Authors: Tamblyn

This article argues that there is an alternative and hitherto unarticulated defence of necessity latent in the case law which could be a defence to murder: if a group of two or more people are virtually certain to suffer death imminently and together, from the same cause, but one or more could be saved only by killing a particular person in that group, then such killing would be lawful. If all life is otherwise going to be lost anyway, it is better to save at least some of that life.

Published: Jan 01, 2014 by (2014) 25 King's Law Journal 454
Authors: Tamblyn

For most people it is obvious that killing is wrong. It is harder to explain why killing is wrong. The purpose of this article is to present a Buddhist answer. Killing is wrong because of the harm it causes to the killer. As the explanation unfolds, we shall also consider other views for why killing is wrong, to show how a Buddhist approach interacts with them. In particular, we shall consider the claims that death is an intrinsic evil, and that killing harms the victim.

Published: Jan 01, 2014 by [2014] Hong Kong Law Journal 551
Authors: Tamblyn

This article argues that a defence of entitlement should be recognized in the law of unjust enrichment, consistently with the case law and sound principle, and in mutual support of a rule against leapfrogging. In so doing, this article also explores the relationship between unjust enrichment and contract.

Published: Jan 01, 2013 by [2013] Singapore Journal of Legal Studies 158
Authors: Tamblyn

This article argues that the tort of lawful act conspiracy is best understood, not as an economic tort, but as an instance of abuse of rights, and why it requires a test of malice.

Published: Jan 01, 2013 by (2013) 4 Journal of the Oxford Centre for Buddhist Studies 134
Authors: Tamblyn

This article suggests strong parallels between the Greek philosopher Parmenides and the Indian philosopher Nāgārjuna, and thus a European line of philosophy which independently supports some of the principal insights of Buddhist thought.

Published: Jan 01, 2012 by (2012) 23 King's Law Journal 312
Authors: Tamblyn

Do we have a moral duty to help those in need? This article considers why current approaches are flawed, and proposes an alternative.

Published: Jan 01, 2009 by [2009] Journal of Business Law 1
Authors: Tamblyn

A sells goods to B who resells to C. If A breaches the A/B contract, should B's loss be assessed by reference to the market price or by reference to the B/C contract price?