The Change Of Position Defence

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The Change of Position Defence

Elise Bant
The Change of Position Defence Book PDF

Author : Elise Bant
Publisher : Bloomsbury Publishing
Page : 292 pages
File Size : 43,5 Mb
Release : 2009-05-27
Category : Law
ISBN : 9781847315076

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The Change of Position Defence by Elise Bant Pdf

This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'.

The Change of Position Defence

Elise Bant
The Change of Position Defence Book PDF

Author : Elise Bant
Publisher : Unknown
Page : 644 pages
File Size : 51,5 Mb
Release : 2008
Category : Estoppel
ISBN : 1472560469

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The Change of Position Defence by Elise Bant Pdf

This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context.

Research Handbook on Unjust Enrichment and Restitution

Elise Bant,Kit Barker,Simone Degeling
Research Handbook on Unjust Enrichment and Restitution Book PDF

Author : Elise Bant,Kit Barker,Simone Degeling
Publisher : Edward Elgar Publishing
Page : 544 pages
File Size : 42,7 Mb
Release : 2020-07-31
Category : Law
ISBN : 9781788114264

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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.

Enrichment in the Law of Unjust Enrichment and Restitution

Andrew Lodder
Enrichment in the Law of Unjust Enrichment and Restitution Book PDF

Author : Andrew Lodder
Publisher : Bloomsbury Publishing
Page : 276 pages
File Size : 41,5 Mb
Release : 2012-07-06
Category : Law
ISBN : 9781847319715

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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.

The Change of Position Defence

Elise Bant
The Change of Position Defence Book PDF

Author : Elise Bant
Publisher : Hart Publishing
Page : 302 pages
File Size : 46,7 Mb
Release : 2009-05-27
Category : Law
ISBN : STANFORD:36105134479349

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The Change of Position Defence by Elise Bant Pdf

This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'.

Principles of the English Law of Obligations

Andrew Burrows
Principles of the English Law of Obligations Book PDF

Author : Andrew Burrows
Publisher : Oxford University Press, USA
Page : 481 pages
File Size : 41,5 Mb
Release : 2015
Category : Contracts
ISBN : 9780198746232

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Principles of the English Law of Obligations by Andrew Burrows Pdf

Principles of the English Law of Obligations provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include contract, tort and equitable wrongs, unjust enrichment, and remedies. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of the English law of obligations, including contract and tort, which are compulsory subjects for law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.

Cases and Materials on the Law of Restitution

Andrew S. Burrows,Ewan McKendrick,James Edelman
Cases and Materials on the Law of Restitution Book PDF

Author : Andrew S. Burrows,Ewan McKendrick,James Edelman
Publisher : Unknown
Page : 1101 pages
File Size : 49,8 Mb
Release : 2007
Category : Law
ISBN : 9780199296514

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Cases and Materials on the Law of Restitution by Andrew S. Burrows,Ewan McKendrick,James Edelman Pdf

Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.

Defences in Unjust Enrichment

Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith
Defences in Unjust Enrichment Book PDF

Author : Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith
Publisher : Bloomsbury Publishing
Page : 351 pages
File Size : 44,6 Mb
Release : 2016-01-14
Category : Law
ISBN : 9781782256359

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Defences in Unjust Enrichment by Andrew Dyson,James Goudkamp,Frederick Wilmot-Smith Pdf

This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.

Principles of Corporate Insolvency Law

Royston Miles Goode
Principles of Corporate Insolvency Law Book PDF

Author : Royston Miles Goode
Publisher : Sweet & Maxwell
Page : 1189 pages
File Size : 49,6 Mb
Release : 2011
Category : Law
ISBN : 9780421966109

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Principles of Corporate Insolvency Law by Royston Miles Goode Pdf

Principles of Insolvency Law is widely regarded as 'the' text on Insolvency law. Professor Sir Roy Goode's reputation as the "doyen of commercial law" has established a unique position for the Work as a leading authority in the field. The book provides a clear and concise treatment of the general philosophical principles underpinning Insolvency law. It works as an introduction to this complex area and as such it has a broad market, ranging from students and newly qualified practitioners to barristers in Court.

Unjust Enrichment

James Edelman,Elise Bant
Unjust Enrichment Book PDF

Author : James Edelman,Elise Bant
Publisher : Bloomsbury Publishing
Page : 480 pages
File Size : 55,7 Mb
Release : 2016-08-25
Category : Law
ISBN : 9781782255628

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Unjust Enrichment by James Edelman,Elise Bant Pdf

Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.

Restitution and Banking Law

Francis Rose
Restitution and Banking Law Book PDF

Author : Francis Rose
Publisher : Taylor & Francis
Page : 260 pages
File Size : 48,8 Mb
Release : 2020-10-28
Category : Law
ISBN : 9781000285857

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Restitution and Banking Law by Francis Rose Pdf

Restitution and Banking Law, written by leading practitioners and commentators, combines their experience in the field of restitution law and banking law to discuss major issues.

Todd & Wilson's Textbook on Trusts & Equity

Sarah Wilson
Todd Wilson s Textbook on Trusts Equity Book PDF

Author : Sarah Wilson
Publisher : Oxford University Press, USA
Page : 533 pages
File Size : 52,8 Mb
Release : 2015
Category : Equity
ISBN : 9780198726258

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Todd & Wilson's Textbook on Trusts & Equity by Sarah Wilson Pdf

Written in an enthusiastic and student-friendly style, 'Todd & Wilson's Textbook on Trusts & Equity' explains the basic principles and rules of trusts law in a clear and unintimidating way. The book delivers focused, intellectually stimulating content, and gives in-depth coverage of the key areas taught on the undergraduate course.

Moffat's Trusts Law

Jonathan Garton,Rebecca Probert,Gerry Bean
Moffat s Trusts Law Book PDF

Author : Jonathan Garton,Rebecca Probert,Gerry Bean
Publisher : Cambridge University Press
Page : 1085 pages
File Size : 46,7 Mb
Release : 2020-05-14
Category : Law
ISBN : 9781108796446

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Moffat's Trusts Law by Jonathan Garton,Rebecca Probert,Gerry Bean Pdf

Combines authoritative commentary and unique contextual analysis to explain the general principles of trusts and their practical operation.

The Law of Trusts and Equitable Obligations

Robert Pearce,John Stevens,Warren Barr
The Law of Trusts and Equitable Obligations Book PDF

Author : Robert Pearce,John Stevens,Warren Barr
Publisher : Oxford University Press, USA
Page : 1134 pages
File Size : 54,8 Mb
Release : 2010-06-24
Category : Language Arts & Disciplines
ISBN : 9780199570638

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The Law of Trusts and Equitable Obligations by Robert Pearce,John Stevens,Warren Barr Pdf

The Law of Trusts and Equitable Obligations provides students wtih a detailed and stimulating account of the law of equity and trusts. The fifth edition has been thoroughly updated by Warren Barr, senior lecturer at the University of Liverpool and Law Teacher of the Year 2006 in collaboration with Robert Pearce and John Stevens.

Contract Law

Mindy Chen-Wishart
Contract Law Book PDF

Author : Mindy Chen-Wishart
Publisher : Oxford University Press
Page : 661 pages
File Size : 50,5 Mb
Release : 2018
Category : Contracts
ISBN : 9780198806356

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Contract Law by Mindy Chen-Wishart Pdf

This textbook provides an accessible account of the intricacies of contract law and the problems that can arise during the life of a contract. These problems, along with their solutions, are discussed in detail using everyday language that stimulates thought and reflection.