The Impact Of Equity And Restitution In Commerce

Author : Peter Devonshire,Rohan Havelock
Publisher : Bloomsbury Publishing
Page : 316 pages
File Size : 44,9 Mb
Release : 2018-11-29
Category : Law
ISBN : 9781509915668

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The Impact of Equity and Restitution in Commerce by Peter Devonshire,Rohan Havelock Pdf

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 Devonshire,Rohan Havelock
Publisher : Bloomsbury Publishing
Page : 272 pages
File Size : 41,6 Mb
Release : 2018-11-29
Category : Law
ISBN : 9781509915651

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The Impact of Equity and Restitution in Commerce by Peter Devonshire,Rohan Havelock Pdf

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 : Ben McFarlane,Steven Elliott KC
Publisher : Bloomsbury Publishing
Page : 463 pages
File Size : 53,5 Mb
Release : 2023-06-29
Category : Law
ISBN : 9781509960088

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Equity Today by Ben McFarlane,Steven Elliott KC Pdf

This book presents a clear, carefully-analysed picture of the operation of equity today, across the common law world. Rather than revisit the abstract debate as to whether or not equity has 'fused' with the common law, it focuses on specific equitable principles and doctrines. Expert contributors step back and take a wider view of those doctrines, examining how they can best be understood today, and how they might develop in the future. This will prove invaluable to practitioners and courts (at first instance as well as appellate level), allowing them to navigate the constantly-growing mass of case law. Drawing on expertise from across the worlds of academia, practice and the bench, this seminal collection provides the most illuminating picture available of how equity operates.

Author : Peter Birks,Francis Rose
Publisher : Taylor & Francis
Page : 450 pages
File Size : 46,5 Mb
Release : 2020-11-25
Category : Law
ISBN : 9781000288131

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Restitution and Equity Volume 1: Resulting Trusts and Equitable Compensation by Peter Birks,Francis Rose Pdf

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 : Sinéad Agnew,Marcus Smith
Publisher : Bloomsbury Publishing
Page : 403 pages
File Size : 48,5 Mb
Release : 2024-04-04
Category : Law
ISBN : 9781509965168

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Law at the Cutting Edge by Sinéad Agnew,Marcus Smith Pdf

This collection celebrates the immense contribution of Sarah Worthington to the field of private law. Defining the subject broadly, experts from the judiciary and the academy address contemporary challenges arising in the fields of agency, company law and insolvency, contract law, equity, the law of money, personal property, restitution and unjust enrichment. The breadth of the contributors' expertise and their willingness to offer innovative and insightful solutions to difficult problems perfectly mirror Sarah Worthington's rigorous and inspirational approach to private law scholarship.

Author : Warren Swain,Sagi Peari
Publisher : Oxford University Press
Page : 401 pages
File Size : 53,6 Mb
Release : 2024-02-29
Category : Law
ISBN : 9780192874146

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Rethinking Unjust Enrichment by Warren Swain,Sagi Peari Pdf

This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.

Author : Duncan Sheehan
Publisher : Bloomsbury Publishing
Page : 265 pages
File Size : 44,6 Mb
Release : 2024-02-22
Category : Law
ISBN : 9781509942459

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The Scope and Structure of Unjust Enrichment by Duncan Sheehan Pdf

This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as “necessity” should be excluded from the subject area. The book concludes with a treatment of defences.

Author : Rachel Leow
Publisher : Bloomsbury Publishing
Page : 307 pages
File Size : 43,9 Mb
Release : 2022-02-24
Category : Law
ISBN : 9781509941360

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Corporate Attribution in Private Law by Rachel Leow Pdf

Looking at key questions of how companies are held accountable under private law, this book presents a succinct and accessible framework for analysing and answering corporate attribution problems in private law. Corporate attribution is the process by which the acts and states of mind of human individuals are treated as those of a company to establish the company's rights, duties, and liabilities. But when and why are acts and states of mind attributed in private law? Drawing on a wide range of material from across the disparate areas of company law, agency law, and the laws of contract, tort, unjust enrichment, and equitable obligations, this book's central argument is that attribution turns on the allocation and delegation of the company's own powers to act. This approach allows for a much greater and clearer understanding of attribution. A further benefit is that it shows attribution to be much more united and coherent than it is commonly thought to be. Looking at corporate attribution across the broad expanse of the common law, this book will be of interest to lawyers across the common law world, including the United Kingdom, Australia, Canada, and Singapore.

Author : William Day,Sarah Worthington
Publisher : Bloomsbury Publishing
Page : 528 pages
File Size : 45,6 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781509934881

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Challenging Private Law by William Day,Sarah Worthington Pdf

Lord Sumption has been one of the most influential judges of his generation. This book critically reflects on the important and controversial issues raised by his jurisprudence. Using Lord Sumption's judgments and extra-judicial lectures as a starting point, the book contains a selection of essays that consider 'where next' in relation to topics such as: - contract variation, damages and penalties; - economic loss and personal injury in tort law; - knowing receipt and proprietary restitution; - illegality in private law; - agency and attribution; - piercing the corporate veil; - foreign law in the English courts. The book covers a broad range of areas in private law including contract, tort, unjust enrichment, equity, company and commercial law, as well as private international law and civil procedure.

Author : Fabiana Bettini ,Martin Fischer ,Charles Mitchell,Prince Saprai
Publisher : UCL Press
Page : 362 pages
File Size : 42,5 Mb
Release : 2023-10-16
Category : Law
ISBN : 9781800085626

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New Directions in Private Law Theory by Fabiana Bettini ,Martin Fischer ,Charles Mitchell,Prince Saprai Pdf

New Directions in Private Law Theory brings together some of the best new work on private law theory, reflecting the breadth of this increasingly important field. The contributions interrogate a wide range of topics including aspects of private law doctrine, its development, ordering and application. The authors adopt a variety of different approaches and contribute to ongoing and important debates about the moral foundations of private law, the individuation of areas of private law and the connections between private law and everyday moral experience. Questions addressed include: Does the diversity identified amongst claims in unjust enrichment mean that the category is incoherent? Are claims in tort law always about compensating for wrongs? How should we understand parties’ agreement in contract? The contributions shed new light on these and other topics, and the ways in which they intersect and open up new lines of scholarly enquiry. The book will be of interest to researchers working in private law and legal theory, but it will also appeal to those outside of law, most notably researchers with an interest in moral and political philosophy, economics and history.

Author : Peter Jaffey
Publisher : Bloomsbury Publishing
Page : 197 pages
File Size : 44,7 Mb
Release : 2023-08-24
Category : Law
ISBN : 9781509953899

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Justice in Private Law by Peter Jaffey Pdf

This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.

Author : Gerald J. Postema
Publisher : Oxford University Press
Page : 401 pages
File Size : 52,6 Mb
Release : 2022-11-29
Category : Electronic
ISBN : 9780190645342

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Law's Rule by Gerald J. Postema Pdf

The rule of law, once widely embraced and emulated, now faces serious threats to its viability. To get our bearings we must return to first principles. This book articulates and defends a comprehensive, coherent, and compelling conception of the rule of law and defends it against serious challenges to its intelligibility, relevance, and normative force. The rule of law's ambition, it argues, is to provide protection and recourse against the arbitrary exercise of power using the distinctive tools of the law. Law provides a bulwark of protection, a bridle on the powerful, and a bond constituting and holding together the polity and giving public expression to an ideal mode of association. Two principles immediately follow from this core: sovereignty of law, demanding that those who exercise ruling power govern with law and that law governs them, and equality in the eyes of the law, demanding that law's protection extend to all bound by it. Animating law's rule, the ethos of fidelity commits all members of the political community, officials and lay members alike, to take responsibility for holding each other accountable under the law. Part I articulates this conception and locates its moral foundation in a commitment to common membership of each person, recognizing their freedom, dignity, and status as peers. Part II addresses serious challenges currently facing law's rule: finding a place in the legal system for equity, mercy, and effective responses to emergencies, taming the new leviathans of the digital world, and extending law's rule beyond national borders.

Author : Timothy Liau
Publisher : Oxford University Press
Page : 369 pages
File Size : 48,9 Mb
Release : 2023-07-21
Category : Law
ISBN : 9780192869661

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Standing in Private Law by Timothy Liau Pdf

This book develops the idea that standing is a distinct and separable private law concept that can and should be distinguished more clearly from the more dominant concept of a 'right.' By recognising standing's distinctiveness, debates within private law theory, including torts, unjust enrichment and trusts, are informed and contributed to.

Author : J. E. Penner
Publisher : Oxford University Press
Page : 544 pages
File Size : 51,9 Mb
Release : 2022
Category : Trusts and trustees
ISBN : 9780192855008

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The Law of Trusts by J. E. Penner Pdf

"Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The Law of Trusts provides perceptive analysis and original and thought-provoking commentary to give students a grounding in what is considered to be a difficult subject. The book introduces the controversies surrounding the topic in a clear way allowing the student reader to appreciate the subject's theoretical issues and difficulties, engaging the reader and giving an all-round picture of the key issues relating to the subject. Each chapter of his edition has been thoroughly revised to bring into focus the modern law of trusts. New to this edition, Chapters 4 and 11, examine important trusts which rarely get significant coverage in their own right: the modern discretionary trust, the solicitor-agent trust, the Quistclose trust, and the unincorporated association trust"--

Author : Andrew S. Burrows
Publisher : Unknown
Page : 44 pages
File Size : 51,7 Mb
Release : 2002
Category : Common law
ISBN : 9626611618

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Fusing Common Law and Equity by Andrew S. Burrows Pdf