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Author : Peter Birks,Francis D. Rose
Publisher : Unknown
Page : 313 pages
File Size : 52,5 Mb
Release : 2000
Category : Resulting trusts
ISBN : OCLC:44632685
Author : Peter Devonshire,Rohan Havelock
Publisher : Bloomsbury Publishing
Page : 316 pages
File Size : 47,9 Mb
Release : 2018-11-29
Category : Law
ISBN : 9781509915668
Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.
Author : Peter Birks,Francis Rose
Publisher : Taylor & Francis
Page : 450 pages
File Size : 40,8 Mb
Release : 2020-11-25
Category : Law
ISBN : 9781000288131
The first part of this volume collates papers from the Second Mansfield Symposium, which examined the areas of equity, trusts and restitution. The second part addresses the emerging field of equitable compensation and its implications.
Author : Peter D. Maddaugh,John D. McCamus
Publisher : Unknown
Page : 128 pages
File Size : 53,8 Mb
Release : 2018
Category : Electronic
ISBN : 0779886704
Author : Dan B. Dobbs
Publisher : Unknown
Page : 1146 pages
File Size : 40,7 Mb
Release : 1993
Category : Remedies (Law)
ISBN : STANFORD:36105134509335
Rev. ed. of : Handbook on the law of remedies. 1973.
Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 53,8 Mb
Release : 2000
Category : Electronic
ISBN : OCLC:313611828
Author : Andrew S. Burrows
Publisher : Unknown
Page : 44 pages
File Size : 40,6 Mb
Release : 2002
Category : Common law
ISBN : 9626611618
Author : Robert Childres,William F. Johnson
Publisher : Unknown
Page : 784 pages
File Size : 45,7 Mb
Release : 1974
Category : Law
ISBN : UCAL:B4160598
Author : Robert Childres,William F. Johnson, Jr.
Publisher : Foundation Press
Page : 100 pages
File Size : 46,5 Mb
Release : 1974-10
Category : Electronic
ISBN : 0882774379
Author : Robert S. Thompson,John A. Sebert
Publisher : Unknown
Page : 971 pages
File Size : 43,8 Mb
Release : 1989
Category : Damages
ISBN : 0820503118
Author : Robert S. Thompson
Publisher : Unknown
Page : 1105 pages
File Size : 44,9 Mb
Release : 2002
Category : Damages
ISBN : 082055071X
Author : Ian Jackman
Publisher : Unknown
Page : 226 pages
File Size : 47,5 Mb
Release : 2017-03-17
Category : Replevin
ISBN : 1760021326
Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary payments (by mistake, duress, undue influence, unconscionable dealing and total failure of consideration); (ii) remuneration for goods or services requested by the defendant in circumstances indicating a promise to pay for them; and (iii) the protection of certain facilitative institutions of private law (such as private property and fiduciary relationships). The book staunchly defends the traditional common law approach of analysing legal principles by the empirical method of treating like cases alike, rather than by derivation from supposedly unifying theories. This edition updates the first edition, which was published in 1998, in the light of almost 20 years of case-law and academic debate. It also adds a separate chapter dealing with the history of the law of restitution and why it matters.
Author : Robert Chambers
Publisher : Oxford University Press
Page : 300 pages
File Size : 49,9 Mb
Release : 1997
Category : Law
ISBN : 0198764448
Robert Chambers has written a much-needed, detailed examination of the resulting trust which will be invaluable to all barristers and academics working in the areas of equity and trusts, restitution and the law of property.
Author : Peter Birks
Publisher : Oxford University Press
Page : 506 pages
File Size : 50,6 Mb
Release : 1985
Category : Restitution
ISBN : 0198760744
This new edition of a landmark study of the law of restitution has been substantially revised and updated. Concentrating on structural principles rather than detailed rules, the book is an invaluable guide to this difficult area of law.
Author : Graham Virgo
Publisher : Oxford University Press
Page : 735 pages
File Size : 53,6 Mb
Release : 2018
Category : Equity
ISBN : 9780198804710
'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.
