Exploring Private Law Remedies

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Exploring Private Law

Author : Elise Bant
Publisher : Cambridge University Press
ISBN 13 : 1139491105
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Exploring Private Law by : Elise Bant

Download or read book Exploring Private Law written by Elise Bant and published by Cambridge University Press. This book was released on 2010-09-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by recent debate, the purpose of this collection of essays on private law doctrines, remedies and methods is to celebrate and illustrate the contribution that both 'top-down' and 'bottom-up' methods of reasoning make to the development of private law. The contributors explore a variety of topical subjects, including judicial approaches to 'top-down' and 'bottom-up' methods; teaching trusts law; the protection of privacy in private law; the development of the law of unjust enrichment; the private law consequences of theft; equity's jurisdiction to relieve against forfeiture; the nature of fiduciary relationships and obligations; the duties of trustees; compensation and disgorgement remedies; partial rescission; the role of unconscionability in proprietary estoppel; and the nature of registered title to land.

Exploring Private Law: Remedies

Author : Elise Bant
Publisher :
ISBN 13 : 9780511797620
Total Pages : 481 pages
Book Rating : 4.7/5 (976 download)

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Book Synopsis Exploring Private Law: Remedies by : Elise Bant

Download or read book Exploring Private Law: Remedies written by Elise Bant and published by . This book was released on 2010 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of original essays from leading scholars explores contemporary issues in private law.

Research Handbook on Remedies in Private Law

Author : Roger Halson
Publisher : Edward Elgar Publishing
ISBN 13 : 1786431270
Total Pages : 544 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on Remedies in Private Law by : Roger Halson

Download or read book Research Handbook on Remedies in Private Law written by Roger Halson and published by Edward Elgar Publishing. This book was released on with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.

Exploring Private Law

Author : Elise Bant
Publisher : Cambridge University Press
ISBN 13 : 9780521764353
Total Pages : 524 pages
Book Rating : 4.7/5 (643 download)

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Book Synopsis Exploring Private Law by : Elise Bant

Download or read book Exploring Private Law written by Elise Bant and published by Cambridge University Press. This book was released on 2010-09-02 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring Private Law presents a collection of essays, by leading scholars from across the world, on private law doctrines, remedies, and methods. The overarching purpose of the collection, inspired by recent debate, is to celebrate and illustrate the contribution that both 'top-down' and 'bottom-up' methods of reasoning make to the development of private law. With that purpose in mind, the contributors to the collection explore a range of topics of current interest: judicial approaches to 'top-down' and 'bottom-up' methods; teaching trusts law; the protection of privacy in private law; the development of the law of unjust enrichment; the private law consequences of theft; equity's jurisdiction to relieve against forfeiture; the nature of fiduciary relationships and obligations; the duties of trustees; compensation and disgorgement remedies; partial rescission; the role of unconscionability in proprietary estoppel; and the nature of registered title to land.

Civil Wrongs and Justice in Private Law

Author : Paul B. Miller
Publisher : Oxford University Press, USA
ISBN 13 : 0190865261
Total Pages : 553 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Civil Wrongs and Justice in Private Law by : Paul B. Miller

Download or read book Civil Wrongs and Justice in Private Law written by Paul B. Miller and published by Oxford University Press, USA. This book was released on 2020 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs and some contract law theorists maintain that breach of contract is a civil wrong. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. The present volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. It should be of broad interest to lawyers and legal theorists as well as moral and political theorists"--

Private Law in Theory and Practice

Author : Michael Bryan
Publisher : Routledge
ISBN 13 : 1135391807
Total Pages : 609 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Private Law in Theory and Practice by : Michael Bryan

Download or read book Private Law in Theory and Practice written by Michael Bryan and published by Routledge. This book was released on 2007-03-12 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake and the theory and practice of proprietary remedies in the law of unjust enrichment. Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, social history, political theory as well as doctrinal analysis of the law. In all cases the theoretical approaches are applied to recent case law developments in England, Australia and Canada, or, in the case of tort law, proposals in all these jurisdictions to reform the law. The book presents the theory of private law and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers.

Justifying Private Law Remedies

Author : C.E.F. Rickett
Publisher : Bloomsbury Publishing
ISBN 13 : 184731435X
Total Pages : 422 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Justifying Private Law Remedies by : C.E.F. Rickett

Download or read book Justifying Private Law Remedies written by C.E.F. Rickett and published by Bloomsbury Publishing. This book was released on 2008-06-26 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Remedies

Author : David I. Levine
Publisher : West Group Publishing
ISBN 13 : 9780314160096
Total Pages : 1035 pages
Book Rating : 4.1/5 (6 download)

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Book Synopsis Remedies by : David I. Levine

Download or read book Remedies written by David I. Levine and published by West Group Publishing. This book was released on 2006-01-01 with total page 1035 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Remedies for Breach of Contract

Author : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 019107442X
Total Pages : 694 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Remedies for Breach of Contract by : Mindy Chen-Wishart

Download or read book Remedies for Breach of Contract written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016-02-11 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

The Goals of Private Law

Author : Andrew Robertson
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317189
Total Pages : 526 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Goals of Private Law by : Andrew Robertson

Download or read book The Goals of Private Law written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2009-11-16 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.

Justifying Private Law Remedies

Author : Charles E. F. Rickett
Publisher :
ISBN 13 : 9781472560292
Total Pages : 393 pages
Book Rating : 4.5/5 (62 download)

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Book Synopsis Justifying Private Law Remedies by : Charles E. F. Rickett

Download or read book Justifying Private Law Remedies written by Charles E. F. Rickett and published by . This book was released on 2008 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Modern Judicial Remedies

Author : Kellis E. Parker
Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 928 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Modern Judicial Remedies by : Kellis E. Parker

Download or read book Modern Judicial Remedies written by Kellis E. Parker and published by Aspen Publishers. This book was released on 1975 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Understanding Private Law

Author : Evan Fox-Decent
Publisher : Hart Publishing
ISBN 13 : 9781509971152
Total Pages : 0 pages
Book Rating : 4.9/5 (711 download)

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Book Synopsis Understanding Private Law by : Evan Fox-Decent

Download or read book Understanding Private Law written by Evan Fox-Decent and published by Hart Publishing. This book was released on 2024-08-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages with some of Stephen A Smith's most significant arguments, illustrating that he was a towering figure in the field of private law, with little of the field not impacted by his scholarship. The contributors explore Professor Smith's most controversial thinking on private law. Interrogating questions of contract law, remedies, unjust enrichment, comparative law, and the legal theory underlying these fields, this is an important publication in the field.

Politics, Policy and Private Law

Author : Jodi Gardner
Publisher : Bloomsbury Publishing
ISBN 13 : 1509960961
Total Pages : 281 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Politics, Policy and Private Law by : Jodi Gardner

Download or read book Politics, Policy and Private Law written by Jodi Gardner and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.

Understanding Private Law's Remedies

Author : Zoë Nathania Pascale Sinel
Publisher :
ISBN 13 :
Total Pages : 518 pages
Book Rating : 4.:/5 (824 download)

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Book Synopsis Understanding Private Law's Remedies by : Zoë Nathania Pascale Sinel

Download or read book Understanding Private Law's Remedies written by Zoë Nathania Pascale Sinel and published by . This book was released on 2013 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Remedies

Author : Samuel L. Bray
Publisher :
ISBN 13 :
Total Pages : 15 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Remedies by : Samuel L. Bray

Download or read book Remedies written by Samuel L. Bray and published by . This book was released on 2019 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper is a contribution to the Oxford Handbook of New Private Law. It offers an outline of the remedies available in U.S. private law. It begins by canvassing the competing rationales offered for private law remedies, emphasizing as primary that the defendant is restoring the plaintiff to his rightful position. It then sketches how contract and tort achieve that goal, primarily through the development of measures and limiting principles. Next, the focus shifts from how private law remedies restore losses to how they transfer gains. It then introduces the panoply of remedies offered by equity, such as the injunction, specific performance, equitable rescission, accounting, and constructive trust. Once equity has been introduced, the basic structure of private law remedies has been outlined: the pursuit of the primary goal of having the defendant restore the plaintiff to the plaintiff's rightful position, the doctrines that limit that pursuit, and the additional remedies provided by the second-order system of equity. Next the paper extends the basic structure, or, depending on one's perspective, introduces anomalies: statutory damages, punitive damages, and declaratory judgments.

Remedies for Torts and Breach of Contract

Author : Andrew S. Burrows
Publisher : Oxford University Press, USA
ISBN 13 : 9780406977267
Total Pages : 0 pages
Book Rating : 4.9/5 (772 download)

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Book Synopsis Remedies for Torts and Breach of Contract by : Andrew S. Burrows

Download or read book Remedies for Torts and Breach of Contract written by Andrew S. Burrows and published by Oxford University Press, USA. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition this popular text has been comprehensively rewritten to take account of all new developments in the law, as well as Law Commission reports and academic writings. The book has also been restructured and divided into parts which correspond to the primary functions of the remedies for torts and breach of contract, namely compensation, restitution and punishment, compelling performance or preventing (or compelling the undoing of) a wrong, and declaring rights. Reflecting their increased importance in practice, and the considerable recent academic attention devoted to them, there is also a new chapter on remedies for equitable wrongs such as breach of fiduciary duty and reach of confidence.