Sweet And Maxwell S Contract Tort And Restitution Statutes 2004 05

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Sweet and Maxwell's contract, tort and restitution statutes 2004/05

Author : Ewan McKendrick
Publisher : Unknown
Page : 435 pages
File Size : 50,7 Mb
Release : 2004
Category : Contracts
ISBN : 0421890606

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Sweet and Maxwell's contract, tort and restitution statutes 2004/05 by Ewan McKendrick Pdf

Sweet & Maxwell's Statutes offer accurate and comprehensive coverage of all core and several popular optional subjects on current law courses. Compiled using data from WestlawUK, each text provides the most up-to-date statutory material and the quality and relevance of these selections is further assured by our experienced editors. Each title offers a clear layout, a chronological table of contents, a comprehensive index and para-numbering system and the lack of commentary makes these texts ideal for exam use. New editions are produced in line with the frequency of legal developments and full updates and amendments to legislation can be found on the Sweet & Maxwell's Statutes web site between editions (www sweetandmaxwell.co.uk/academic/statutes) Designed specifically to meet the needs of students, Sweet & Maxwell's Statutes are an essential and affordable purchase for all those following LLB and CPE programmes.

Contract, Tort and Restitution 2002-2003

Author : Ewan McKendrick
Publisher : Unknown
Page : 391 pages
File Size : 41,8 Mb
Release : 2002
Category : Contracts
ISBN : 0421781009

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Contract, Tort and Restitution 2002-2003 by Ewan McKendrick Pdf

Contract, Tort and Restitution, 2004/2005

Author : F. D. Rose
Publisher : Blackstone Press
Page : 601 pages
File Size : 41,5 Mb
Release : 2004
Category : Law
ISBN : 0199273014

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Contract, Tort and Restitution, 2004/2005 by F. D. Rose Pdf

Designed specifically for students, Blackstone's Statutes lead the market in providing a carefully selected, regularly updated and well sourced collection of legislation for the core subjects and major options offered on the law syllabus. Each title is ideal for use throughout the course and in exams providing the student with; - unparalleled coverage - unannotated primary and secondary legislation - new improved indexing and tables of content to aid quick and efficient research - up to date and relevant material

Enrichment in the Law of Unjust Enrichment and Restitution

Author : Andrew Lodder
Publisher : Bloomsbury Publishing
Page : 276 pages
File Size : 40,9 Mb
Release : 2012-07-06
Category : Law
ISBN : 9781847319722

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Enrichment in the Law of Unjust Enrichment and Restitution by Andrew Lodder Pdf

Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.

Understanding Unjust Enrichment

Author : Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel
Publisher : Bloomsbury Publishing
Page : 430 pages
File Size : 45,7 Mb
Release : 2004-04-20
Category : Law
ISBN : 9781847316905

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Understanding Unjust Enrichment by Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel Pdf

This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.

The Structure of Property Law

Author : Ben McFarlane
Publisher : Bloomsbury Publishing
Page : 889 pages
File Size : 40,7 Mb
Release : 2008-07-09
Category : Law
ISBN : 9781847317056

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The Structure of Property Law by Ben McFarlane Pdf

Shortlisted for the Peter Birks Prize for Outstanding Legal Scholarship 2009 In its essence, property law has to provide answers to two very difficult questions: who is entitled to use property, and how are they entitled to use it? Property law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This book provides a new perspective on property law. By setting out an underlying structure, it allows the reader to understand the fundamental principles of this difficult subject. By providing detailed coverage of individual topics, it shows how those principles apply in practice and provides a comprehensive resource for anyone studying, teaching, researching or practising in property law. The book is written in an accessible style, with frequent summaries and, in both its pages and companion web-site it makes use of helpful visual aids. It is ideal reading for law students seeking a rock-solid understanding of how property law and land law work, and contains sufficient detail for use as a course book in: " Property Law " Land Law " Personal Property Law The book also provides detailed analysis of core topics in: " Equity & Trusts " Commercial Law " Unjust Enrichment & Restitution See the companion website for this book: www.hartpub.co.uk/companion/propertylaw.html.

The Tort of Conversion

Author : Sarah Green,John Randall
Publisher : Bloomsbury Publishing
Page : 267 pages
File Size : 50,5 Mb
Release : 2009-11-09
Category : Law
ISBN : 9781847315458

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The Tort of Conversion by Sarah Green,John Randall Pdf

The legal and commercial importance of the tort of Conversion is difficult to overstate, and yet there remains a sense that the principles of the tort are elusive. Most recently, this was illustrated by the difficulties posed for the House of Lords by the Conversion issue in OBG v Allan [2007] UKHL 21, on which it was closely divided. Conversion, as we now recognise it, has a complex pedigree. Showing little regard for received taxonomies, it has elements which make lawyers think in terms of property, despite its eventful descent from actions in personam. Conversion is, therefore, something of a hybrid creature, which perhaps explains the paucity of scholarly analysis of the subject to date, property lawyers and tort lawyers each regarding it as the other's concern. This book is the first comprehensive appraisal of the modern tort of Conversion. It offers a coherent and accessible rationalisation of the subject, supported by rigorous analysis of all aspects, from title to sue to the available remedies. The principal thesis of the work is that the development of Conversion has somewhat stagnated, and in consequence the tort has so far been unable to fulfil either its theoretical or its practical potential as a legal device. Whilst this is partly a result of historical factors, it is also a consequence of the fact that no systematic examination of the tort in England appears ever to have been carried out. The primary objectives of the book, therefore, are to provide such an analysis, to present Conversion as a useful and important tort, well suited to the demands of contemporary law and commerce, and to offer a principled framework for its future development.

Standing in Private Law

Author : Timothy Liau
Publisher : Oxford University Press
Page : 369 pages
File Size : 42,7 Mb
Release : 2023-06-21
Category : Law
ISBN : 9780192696663

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Standing in Private Law by Timothy Liau Pdf

Standing in Private Law: Powers of Enforcement in the Law of Obligations and Trusts develops the idea that we should attend more to 'standing', conceived as a power to hold another accountable before a court as a distinct private law concept. Prominent lawyers have claimed that private law does not have or need standing rules, yet this seems implausible. If private law is obligation-imposing, we need rules about who can sue on these obligations to hold their bearers accountable. This book argues that a reason why standing has been relatively overlooked and under-conceptualized, receiving meagre attention from private lawyers, is because it has been obscured from plain sight: it has been swallowed up by the more dominant and capacious concept of a 'right'. However, standing is a distinct and separable private law concept that can and should be distinguished more clearly from 'right'. Doing so is necessary for the continued rational development of private law doctrine. It is also necessary for a deeper theoretical understanding of standing's significance, and its place within the remedial apparatus of private law. This book argues that an implicit standing rule exists across the law of obligations. It examines its justifiability, and the justifiability of exceptions to the rule. It also shows how and why recognising standing's distinctiveness can help us to interpret, develop, and resolve debates within different areas of private law, including the laws of contract, torts, unjust enrichments, and relatedly, the law of trusts.

The Modern Law of Contract

Author : Richard Stone
Publisher : Psychology Press
Page : 564 pages
File Size : 49,5 Mb
Release : 2005
Category : Law
ISBN : 1859418821

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The Modern Law of Contract by Richard Stone Pdf

The Modern Law of Contractbuilds on the success of the popular Principlesof Contract Law. Taking account of a variety of theoretical approaches: economic, sociological and empirical, the book combines meticulous examination of authorities and commentary with a modern and contextual approach. The range of material covered, combined with an accessible style, means that this book meets the needs of all undergraduate contract courses, enabling students to gain a profound understanding of this pivotal field. It will also be useful for students studying contract law as part of another discipline.

Conflict of Laws in the People’s Republic of China

Author : Zheng Sophia Tang,Yongping Xiao,Zhengxin Huo
Publisher : Edward Elgar Publishing
Page : 480 pages
File Size : 51,8 Mb
Release : 2016-07-27
Category : Law
ISBN : 9781849808590

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Conflict of Laws in the People’s Republic of China by Zheng Sophia Tang,Yongping Xiao,Zhengxin Huo Pdf

The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.

Rights, Wrongs, and Injustices

Author : Stephen A. Smith
Publisher : Oxford University Press
Page : 368 pages
File Size : 55,6 Mb
Release : 2019-11-12
Category : Law
ISBN : 9780191058745

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Rights, Wrongs, and Injustices by Stephen A. Smith Pdf

Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.

The Nature and Enforcement of Choice of Court Agreements

Author : Mukarrum Ahmed
Publisher : Bloomsbury Publishing
Page : 275 pages
File Size : 45,6 Mb
Release : 2017-10-05
Category : Law
ISBN : 9781509914470

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The Nature and Enforcement of Choice of Court Agreements by Mukarrum Ahmed Pdf

PRAISE FOR THE BOOK: "This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed's monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit." Professor David Milman, University of Lancaster "The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so." Professor Paul Beaumont, University of Aberdeen (from the Series Editor's Preface) This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.

Certification Marks

Author : Jeffrey Belson
Publisher : Sweet & Maxwell
Page : 190 pages
File Size : 43,7 Mb
Release : 2002
Category : Antiques & Collectibles
ISBN : 0421758201

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Certification Marks by Jeffrey Belson Pdf

Certification of web sites plays an important role in Internet security. A certification mark is a guarantee that goods or services, in connection with which the mark is used, comply with certain standards. Certification marks are classed as a special category of trade mark. While they have existed under US and UK law, and the laws of many European and other countries, for almost 100 years, there is currently no publication focusing specifically on the subject. Certification Marks discusses the current state of law in this area, placing it in an historical and commercial context. Particular effort is made to examine several unresolved issues which look set to play important roles in the future, especially EU certification and harmonisation and electronic certification.

Whitaker's Books in Print

Author : Anonim
Publisher : Unknown
Page : 3096 pages
File Size : 43,7 Mb
Release : 1998
Category : Bibliography, National
ISBN : UOM:39015045631895

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Whitaker's Books in Print by Anonim Pdf