Research Handbook On Remedies In Private Law

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Research Handbook on Remedies in Private Law

Author : Roger Halson,David Campbell
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 44,9 Mb
Release : 2024-06-26
Category : Law
ISBN : 9781786431271

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Research Handbook on Remedies in Private Law by Roger Halson,David Campbell Pdf

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.

Research Handbook on International Commercial Contracts

Author : Andrew Hutchison,Franziska Myburgh
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 55,9 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781788971065

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Research Handbook on International Commercial Contracts by Andrew Hutchison,Franziska Myburgh Pdf

This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

Research Handbook on Unjust Enrichment and Restitution

Author : Elise Bant,Kit Barker,Simone Degeling
Publisher : Edward Elgar Publishing
Page : 0 pages
File Size : 52,7 Mb
Release : 2020
Category : Restitutio in integrum
ISBN : 1788114256

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Research Handbook on Unjust Enrichment and Restitution by Elise Bant,Kit Barker,Simone Degeling Pdf

This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution. Written by leading experts drawn from a wide range of common law, civilian and mixed jurisdictions, chapters cover the complex history, scope and philosophical foundations of the subject, its organisational structure, main liability principles, defences and remedies. Utilising a broad array of legal authority and academic commentary, contributors engage with the key concepts and debates in a way that offers a direct route into the field for new researchers, as well as a source of original thinking for those already familiar with the subject. Throughout, the learning of both civilian and common law legal systems is juxtaposed and integrated, offering useful comparative insights and lessons for the future development of this still young, but critically important field of law. Engaging and thought provoking, the Research Handbook on Unjust Enrichment and Restitutionwill prove indispensable to academics and researchers in the field of private and commercial law. Judges and practitioners will also have much to gain from the clear presentation of authorities, principles and useful comparative perspectives. Contributors include:E. Bant, K. Barker, K. Barnett, M. Bryan, A. Burrows, M. Chen-Wishart, H. Dagan, S. Degeling, J. Gordley, R. Grantham, R. Gregson, B. Häcker, L. Ho, D. Ibbetson, D. Klimchuk, T. Krebs, A. Kull, R. Leow, T. Liau, M. McInnes, C. Mitchell, C. Rotherham, H. Scott, G. Virgo, S. Watterson, E. Weinrib, C. Wonnell, T.H. Wu

Research Handbook on Fiduciary Law

Author : D. Gordon Smith,Andrew S. Gold
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 50,7 Mb
Release : 2018
Category : Electronic
ISBN : 9781784714833

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Research Handbook on Fiduciary Law by D. Gordon Smith,Andrew S. Gold Pdf

The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.

Research Handbook on EU Tort Law

Author : Paula Giliker
Publisher : Edward Elgar Publishing
Page : 128 pages
File Size : 50,9 Mb
Release : 2017-10-27
Category : Electronic
ISBN : 9781785365720

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Research Handbook on EU Tort Law by Paula Giliker Pdf

The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.

Research Handbook in International Economic Law

Author : Andrew T. Guzm¾n,A. O. Sykes
Publisher : Edward Elgar Publishing
Page : 633 pages
File Size : 46,8 Mb
Release : 2008-01-01
Category : Political Science
ISBN : 9781847204233

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Research Handbook in International Economic Law by Andrew T. Guzm¾n,A. O. Sykes Pdf

This major new work consists of carefully commissioned original and incisive contributions from leading scholars in the field of international economic law. Covering a full range of topics, the Handbook provides an accessible treatment of the law in each area, as well as a thoughtful synthesis and discussion of related public policy issues from a broadly social science perspective.

Research Handbook on Law and Emotion

Author : Susan A. Bandes,Jody L. Madeira,Kathryn D. Temple,Emily Kidd White
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 50,9 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781788119085

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Research Handbook on Law and Emotion by Susan A. Bandes,Jody L. Madeira,Kathryn D. Temple,Emily Kidd White Pdf

This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.

Research Handbook on International Commercial Contracts

Author : Andrew Hutchison,Franziska Myburgh
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 47,5 Mb
Release : 2020-12-28
Category : Electronic
ISBN : 1788971051

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Research Handbook on International Commercial Contracts by Andrew Hutchison,Franziska Myburgh Pdf

This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria. It highlights constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars, from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency, against the backdrop of key legal regimes commonly chosen in international agreements. These include: the UN CISG, Unidroit PICC, European DCFR and English law. The Research Handbook examines key general principles in commercial contract law, such as interpretation, good faith, remedies for breach, and choice of law clauses from an international perspective. It also engages with various emerging aspects of internet contracting, including smart contracts. Scholars and researchers working in the field of contract law, and international commercial contracts more specifically, will find this Research Handbook to be an indispensable guide. Practitioners seeking clear guidance will also benefit from its detailed coverage of specific research questions.

Research Handbook on Intellectual Property Licensing

Author : Jacques de Werra
Publisher : Edward Elgar Publishing
Page : 519 pages
File Size : 40,7 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781781005989

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Research Handbook on Intellectual Property Licensing by Jacques de Werra Pdf

'Transactions involving intellectual property whether by way of out-and-out assignment or by one of the myriad variants of licensing which are possible, are really really important – they help the world of business go round. But such transactions can be complex with things like national rules preventing alienation getting in the way of bargains people wish to make. So it is quite astonishing how sparse the literature on the subject is – particularly literature taking a comparative view. This book is perhaps the very first of its kind, taking as it does perspectives from the major legal systems of the world. Moreover its distinguished authors have not written in a technical or abstruse way – as academics (and some judges) can all too easily do. Far from it. This book is readable – and anyone concerned with intellectual property licensing should read it and will find it a pleasure to do so. They will also learn a lot about some of the pitfalls and bear-traps to be found around the world. At UCL we have recognised the importance of this subject. This book will be on our students' reading list.' – The Rt. Hon. Sir Robin Jacob, UCL Faculty of Laws, UK 'IP licensing underpins the information economy. This impressive book brings together leading academic lawyers and practitioners from a range of key jurisdictions to explore a number of major current issues. The book is both thoughtful and practical and it is not afraid to call for greater harmonization of IP licensing law. It is a must have for all those involved in the field.' – Simon Stokes, Blake Lapthorn 'This Research Handbook provides a valuable mix of practical and theoretical perspectives on IP licensing and will serve as a reference resource for scholars and practitioners in this field of study.' – Francesco Parisi, University of Minnesota, US and University of Bologna, Italy 'The Handbook brings together a unique collection of world renowned experts providing detailed discussion in every chapter. The brilliance of this collective work is found in its broad two dimensional focus – beyond patents to all key IP assets on the one hand, and country specific discussion for key regions around the world on the other. . . Whether read cover-to-cover as a compilation of current best practice or used as a true reference guide, the Research Handbook on Intellectual Property Licensing is a must have for anyone seeking to capture value from intangible assets.' – From the foreword by James E. Malackowski The Research Handbook on Intellectual Property Licensing explores the complexities of intellectual property licensing law from a comparative perspective through the opinions of leading experts. This major research tool analyses the features of specific types of licensing agreements and also addresses other practical issues which apply across different types of licensing transactions, such as the treatment of licensing in bankruptcy and the use of arbitration for solving licensing disputes. The Handbook ultimately provides a scholarly contribution to the development of global intellectual property licensing policies. Including transversal and comparative analysis, this Handbook will appeal to intellectual property licensing practitioners, lawyers and intellectual property and contract law academics.

The Right of Redress

Author : Andrew Gold
Publisher : Oxford University Press
Page : 208 pages
File Size : 46,9 Mb
Release : 2020-07-17
Category : Law
ISBN : 9780192545572

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The Right of Redress by Andrew Gold Pdf

The law enables private parties to undo the wrongs committed against them, allowing victims to seek redress. A distinctive kind of justice governs our legal rights of redress, different from the leading corrective justice approaches. Through analysis of this key idea, The Right of Redress helps to make sense of tort, contract, fiduciary law, and unjust enrichment doctrine. When a wrong is remedied, the authorship of that remedy matters. The justice in private law is sensitive to a right holder's authorship, and understanding how solves a number of legal theory puzzles. Many forms of redress are only available with state assistance, and a full account of private law requires an account of the state's responsibility to assist. It also requires an explanation of those cases in which the state declines to assist. Prior accounts have drawn on Kantian principles or a Lockean social contract theory, where The Right of Redress, drawing on public fiduciary theory, develops a distinctive account of the state's role. This book offers a new take on various modern features of the private law landscape, ranging from equity, to damage caps, to arbitration, to corporate claims, to class actions. The Right of Redress thus offers a pathbreaking account of the justice in private law, the political theory that underlies it, and the contemporary features that shape our rights of redress today.

Research Handbook on Private Law Theory

Author : Hanoch Dagan,Benjamin C. Zipursky
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 41,7 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781788971621

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Research Handbook on Private Law Theory by Hanoch Dagan,Benjamin C. Zipursky Pdf

This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.

The Oxford Handbook of the New Private Law

Author : Andrew S. Gold,Carter Professor of General Jurisprudence John C P Goldberg,John C. P. Goldberg,Daniel B. Kelly,Frank B Ingersol Professor of Law Emily Sherwin,Henry E. Smith
Publisher : Oxford University Press, USA
Page : 640 pages
File Size : 42,7 Mb
Release : 2020-11-06
Category : Law
ISBN : 9780190919665

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The Oxford Handbook of the New Private Law by Andrew S. Gold,Carter Professor of General Jurisprudence John C P Goldberg,John C. P. Goldberg,Daniel B. Kelly,Frank B Ingersol Professor of Law Emily Sherwin,Henry E. Smith Pdf

"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--

Research Handbook on Oil and Gas Law

Author : Tina Soliman Hunter,Madeline Taylor
Publisher : Edward Elgar Publishing
Page : 457 pages
File Size : 54,7 Mb
Release : 2023-01-17
Category : Law
ISBN : 9781788978224

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Research Handbook on Oil and Gas Law by Tina Soliman Hunter,Madeline Taylor Pdf

What does the future hold for oil and gas, what can we learn from the past and what role does law have to play in this? Using a unique temporal lens, this Research Handbook examines core themes in oil and gas regulation from historical, contemporary and forward-looking perspectives.

Research Handbook on EU Private International Law

Author : Peter Stone,Youseph Farah
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 43,8 Mb
Release : 2015-05-29
Category : Law
ISBN : 9781781954553

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Research Handbook on EU Private International Law by Peter Stone,Youseph Farah Pdf

The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a subst

Research Handbook on Human Rights and Business

Author : Surya Deva,David Birchall
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 46,8 Mb
Release : 2020-07-31
Category : Law
ISBN : 9781786436405

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Research Handbook on Human Rights and Business by Surya Deva,David Birchall Pdf

This authoritative Research Handbook brings together leading international scholars and practitioners to provide in-depth analysis of some of the most hotly debated topics and issues concerning the interface of human rights and business. Offering critical insights on prominent strands of research within the field of business and human rights, this comprehensive Research Handbook examines key challenges and potential solutions in the field.