The Impact of Equity and Restitution in Commerce, Peter Devonshire, Rohan Havelock
Автор: Worthington Sarah Название: Revolution and Evolution in Private Law ISBN: 1509913246 ISBN-13(EAN): 9781509913244 Издательство: Bloomsbury Academic Рейтинг: Цена: 19008.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution-death of the dinosaurs or development of flight-would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of the common law. The authors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment, and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future. Subject: Private Law, Contract Law, Tort Law, Equity & Trusts, Comparative Law, Property Law, Common Law]
Автор: Alan Bogg, Sarah Green Название: Illegality after Patel v Mirza ISBN: 1509943595 ISBN-13(EAN): 9781509943593 Издательство: Bloomsbury Academic Рейтинг: Цена: 8710.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed.
The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance.
This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.
Описание: The breadth of the restitution standards found within this volume, combined with selected examples of case law and other materials, is a clear indication that a right to housing, land, and property restitution for refugees and displaced persons has emerged within the global legal domain.
Автор: Peter Devonshire, Rohan Havelock Название: The Impact of Equity and Restitution in Commerce ISBN: 1509915648 ISBN-13(EAN): 9781509915644 Издательство: Bloomsbury Academic Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
Автор: Sarah Worthington, Andrew Robertson, Graham Virgo Название: Revolution and Evolution in Private Law ISBN: 1509938230 ISBN-13(EAN): 9781509938230 Издательство: Bloomsbury Academic Рейтинг: Цена: 7126.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution - which is subject to major change-inducing pressures, such as the death of the dinosaurs - would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law.
The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes.
The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.
Описание: Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.
Автор: Erbacher Название: Australian Restitution Law ISBN: 113815072X ISBN-13(EAN): 9781138150720 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is the first casebook on restitution law to be published in Australia. It contains comprehensive extracts from the most significant Australian and English cases, together with some Canadian cases which indicate the possible direction which Australian law may take.
Автор: Paul S Davies, James Penner Название: Equity, Trusts and Commerce ISBN: 1509932186 ISBN-13(EAN): 9781509932184 Издательство: Bloomsbury Academic Рейтинг: Цена: 7126.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning equity and trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court’s role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law.
Автор: Dannemann, Gerhard Название: The German Law of Unjustified Enrichment and Restitution ISBN: 0199533113 ISBN-13(EAN): 9780199533114 Издательство: Oxford Academ Рейтинг: Цена: 12514.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The present book provides the most comprehensive description in the English language of the German law of unjust enrichment, by explaining how this works in the context of German law, and by discussing the implications this would have if the German system were implemented in an English legal environment
Автор: Paul S Davies, James Penner Название: Equity, Trusts and Commerce ISBN: 1509907297 ISBN-13(EAN): 9781509907298 Издательство: Bloomsbury Academic Рейтинг: Цена: 19008.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection of essays, written by leading commentators from across the common law world, examines a range of topics concerning equity and trusts in the commercial context. The essays investigate the way in which doctrines derived from the equitable jurisdiction interact with and shape various areas of the law, including company law, commercial law and agency law. Subjects considered include the difficulties in identifying trust assets in the commercial context; the court's role in supervising the trust; and the remedies available in cases of fiduciary or trustee wrongdoing. This book will be of interest to both academics and practitioners working in these difficult areas of equity and commercial law. (Series: Hart Studies in Private Law, Vol. 24) Subject: Contract Law, Tort Law, Commercial Law, Equity & Trusts, Banking & Finance]
Автор: Sarah Green, Alan Bogg Название: Illegality after Patel v Mirza ISBN: 1509912770 ISBN-13(EAN): 9781509912773 Издательство: Bloomsbury Academic Рейтинг: Цена: 19008.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
In Patel v Mirza 2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at 261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed.
The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan 1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd 1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance.
This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.
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