The Nature And Scope Of Restitution

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The Nature and Scope of Restitution

Peter Jaffey
The Nature and Scope of Restitution Book PDF

Author : Peter Jaffey
Publisher : Bloomsbury Publishing
Page : 474 pages
File Size : 44,6 Mb
Release : 2000-09-16
Category : Law
ISBN : 9781847311467

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The Nature and Scope of Restitution by Peter Jaffey Pdf

Joint Winner of the 2001 SPTL Prize for Outstanding Legal Scholarship! In recent years there has been enormous interest in the law of restitution,with many new books and academic articles and a number of important decisions in the courts. However, there remains great controversy and some confusion, partly for historical reasons and partly as a result of continuing differences over the principles underlying the field. There are particular difficulties over the relation of the law of restitution to other areas of law, including contract and property law. In this new and innovative work the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in light of it. As part of his analysis, the author suggests new approaches to understanding the areas of overlap between restitution, contract, trusts and property law.

The Nature and Scope of Restitution

Peter Jaffey
The Nature and Scope of Restitution Book PDF

Author : Peter Jaffey
Publisher : Unknown
Page : 0 pages
File Size : 44,6 Mb
Release : 2000
Category : Restitutio in integrum
ISBN : 1472558987

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The Nature and Scope of Restitution by Peter Jaffey Pdf

This work advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in the light of it.

Understanding Unjust Enrichment

Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel
Understanding Unjust Enrichment Book PDF

Author : Jason W. Neyers,Mitchell McInnes,Stephen G.A. Pitel
Publisher : Bloomsbury Publishing
Page : 430 pages
File Size : 50,8 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.

Rethinking Unjust Enrichment

Warren Swain,Sagi Peari
Rethinking Unjust Enrichment Book PDF

Author : Warren Swain,Sagi Peari
Publisher : Oxford University Press
Page : 401 pages
File Size : 43,5 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.

Justifying Private Law Remedies

C.E.F. Rickett
Justifying Private Law Remedies Book PDF

Author : C.E.F. Rickett
Publisher : Bloomsbury Publishing
Page : 267 pages
File Size : 41,9 Mb
Release : 2008-06-26
Category : Law
ISBN : 9781847317087

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Justifying Private Law Remedies by C.E.F. Rickett Pdf

In August 2006 the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was “Justifying Private Law Remedies”. This book contains a number of the papers delivered at that Conference, presented under several categories but all dealing with the fundamental issue of justification: General Concepts; Performance; Compensation; Punishment; and Restitution and Disgorgement. The authors are largely drawn from the legal academy, and include Canadian, Australian, British and New Zealand scholars. The collection will be of interest to all those concerned with the role, nature and place of remedies in the private law of the common law world.

Restitution and Unjust Enrichment

Andrew Kull,Ward Farnsworth
Restitution and Unjust Enrichment Book PDF

Author : Andrew Kull,Ward Farnsworth
Publisher : Aspen Publishing
Page : 0 pages
File Size : 44,9 Mb
Release : 2018-10-24
Category : Law
ISBN : 1543800904

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Restitution and Unjust Enrichment by Andrew Kull,Ward Farnsworth Pdf

Restitution is a body of law that has immense practical value and wide application to disputes of all sorts. Simply put, it is the set of rules that govern recovery of gains that a party should not keep—or “unjust enrichment,” as it is formally called; and unjust enrichment occurs every day in both private and commercial transactions. Restitution has the dual distinction of being one of the most useful but overlooked bodies of law, due to its lack of study by several generations of modern lawyers. Without a single casebook in print on the subject, it has been nearly impossible to teach restitution law in the past. Restitution and Unjust Enrichment: Cases and Notes fills that void and presents the substance, remedies and history of restitution in a practical and interesting manner. Professors and students will benefit from: The only casebook available for teaching this important and interesting subject, and the first new one in 50 years. A modern reworking of the topic that adopts the framework of Publication of Restatement Third, Restitution and Unjust Enrichment (2011) (“R3RUE”) for teaching purposes. A complete discussion of Restitution, which is part of the required curriculum for students who receive legal training in other parts of the common-law world. Authorship by leading scholars in the field. Andrew Kull was the sole Reporter for R3RUE, published in two hardcover volumes. Ward Farnsworth is the author of a convenient treatise on Restitution, published by the University of Chicago Press in 2014. He is also co-author of the Wolters Kluwer casebook Torts: Cases and Questions, currently in its second edition.

Accounting for Profit for Breach of Contract

Katy Barnett
Accounting for Profit for Breach of Contract Book PDF

Author : Katy Barnett
Publisher : Bloomsbury Publishing
Page : 197 pages
File Size : 40,8 Mb
Release : 2012-05-31
Category : Law
ISBN : 9781847319524

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Accounting for Profit for Breach of Contract by Katy Barnett Pdf

This book defends the view that an award of an account of profits (or 'disgorgement damages') for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in contract law. However there is some confusion as to when such an award should be made. The moral bases for disgorgement damages are deterrence and punishment, which shape the remedy in important ways. Courts are also concerned with vindication of the claimant's performance interest, and it is pivotal in these cases that the claimant cannot procure a substitute performance via an award of damages or specific relief. The book argues that disgorgement damages should be available in two categories of case: 'second sale' cases, where the defendant breaches his contract with the claimant to make a more profitable contract with a third party; and 'agency problem' cases, where the defendant promises the claimant he will not do a certain thing, and the claimant finds it difficult to supervise the performance. Moreover, disgorgement may be full or partial, and 'reasonable fee damages' for breach of contract are best understood as partial disgorgement rather than 'restitutionary damages'. Equitable bars to relief should also be adopted in relation to disgorgement damages, as should allowances for skill and effort. This book will be of interest to contract and commercial lawyers, and will be especially valuable to anyone with an interest in contract remedies and restitution. It draws on case law in a number of common law jurisdictions, primarily England and Wales, and Australia.

The Principles of Personal Property Law

Duncan Sheehan
The Principles of Personal Property Law Book PDF

Author : Duncan Sheehan
Publisher : Bloomsbury Publishing
Page : 480 pages
File Size : 50,5 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781509901340

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The Principles of Personal Property Law by Duncan Sheehan Pdf

The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.

Unjustified Enrichment

David Johnston,Reinhard Zimmermann
Unjustified Enrichment Book PDF

Author : David Johnston,Reinhard Zimmermann
Publisher : Unknown
Page : 793 pages
File Size : 52,5 Mb
Release : 2005-01-28
Category : Law
ISBN : 9780511029295

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Unjustified Enrichment by David Johnston,Reinhard Zimmermann Pdf

Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.

Gain-Based Damages

James Edelman
Gain Based Damages Book PDF

Author : James Edelman
Publisher : Bloomsbury Publishing
Page : 314 pages
File Size : 43,6 Mb
Release : 2002-04-19
Category : Law
ISBN : 9781847310477

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Gain-Based Damages by James Edelman Pdf

On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.

O'Sullivan and Hilliard's the Law of Contract

Janet O'Sullivan,Jonathan Hilliard
O Sullivan and Hilliard s the Law of Contract Book PDF

Author : Janet O'Sullivan,Jonathan Hilliard
Publisher : Oxford University Press
Page : 543 pages
File Size : 52,7 Mb
Release : 2018
Category : Contracts
ISBN : 9780198807827

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O'Sullivan and Hilliard's the Law of Contract by Janet O'Sullivan,Jonathan Hilliard Pdf

'The Law of Contract' is the perfect student companion, providing a concise, clear overview of the fundamental principles of contract law and breaking down complex areas. An ideal guide, taking students straight to the core of this key subject.

Moffat's Trusts Law

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

Author : Jonathan Garton,Graham Moffat,Gerry Bean,Rebecca Probert
Publisher : Cambridge University Press
Page : 1181 pages
File Size : 55,7 Mb
Release : 2015-08-13
Category : Law
ISBN : 9781107105485

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

Detailed, thorough and authoritative new edition of Moffat's Trusts Law.

The Law of Contract

Janet O'Sullivan,Jonathan Hilliard
The Law of Contract Book PDF

Author : Janet O'Sullivan,Jonathan Hilliard
Publisher : Oxford University Press, USA
Page : 537 pages
File Size : 40,9 Mb
Release : 2014
Category : Law
ISBN : 9780199686933

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The Law of Contract by Janet O'Sullivan,Jonathan Hilliard Pdf

The Core Text Series takes the reader straight to the heart of the subject, providing an invaluable and reliable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. The Law of Contract provides you with a clear, straightforward, and comprehensive account of the core principles of contract law to give you a sound understanding of the subject. Written by Janet O'Sullivan, Director of Studies at Selwyn College, Cambridge, and Jonathan Hilliard, barrister at Wilberforce Chambers, this text covers all the key topics on LLB and GDL courses and introduces you to current debates in the field. The authors break down complex problems into manageable steps and self-test questions are provided at the end of each chapter to help you reinforce your learning and aid revision. You can find answer guidance to these questions as well as additional support for your studies, including author podcasts discussing key cases, additional chapters, and web links on the accompanying Online Resource Centre.

The Law of Contract

Janet Anne O'Sullivan,Jonathan Hilliard
The Law of Contract Book PDF

Author : Janet Anne O'Sullivan,Jonathan Hilliard
Publisher : Oxford University Press, USA
Page : 530 pages
File Size : 45,7 Mb
Release : 2012-03-29
Category : Law
ISBN : 9780199644803

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The Law of Contract by Janet Anne O'Sullivan,Jonathan Hilliard Pdf

Written by two leading authorities in the field, The Law of Contract is the perfect student companion, providing a concise overview of the fundamental principles of contract law, demystifying complex areas without oversimplification. Accessible and engaging, this invaluable text is the ideal guide to the core of this key subject.

Trusts Law

Graham Moffat
Trusts Law Book PDF

Author : Graham Moffat
Publisher : Cambridge University Press
Page : 1110 pages
File Size : 41,5 Mb
Release : 2005-09-29
Category : Law
ISBN : 1139445286

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Trusts Law by Graham Moffat Pdf

With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.