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Patel V Mirza
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Book Synopsis Illegality after Patel v Mirza by : Sarah Green
Download or read book Illegality after Patel v Mirza written by Sarah Green and published by Bloomsbury Publishing. This book was released on 2018-06-14 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Patel V Mirza written by Nicholas McBride and published by . This book was released on 2018 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short paper analyses Lord Toulson's judgment in Patel v Mirza [2016] UKSC 42, and argues that that judgment is better analysed as ruling that in cases where a defence of illegality is advanced, the courts should adopt a 'structured discretion' in determining whether to allow the defence rather than considering a range of factors to see whether or not the defence should be allowed.
Book Synopsis Patel v Mirza und die Illegality-Doktrin im Vergleich zum deutschen Recht (Patel v. Mirza and the Doctrine of Illegality by : Jakob Gleim
Download or read book Patel v Mirza und die Illegality-Doktrin im Vergleich zum deutschen Recht (Patel v. Mirza and the Doctrine of Illegality written by Jakob Gleim and published by . This book was released on 2019 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: English Abstract: The question of how civil law should respond to violations of legal prohibitions has and continues to torment judges and scholars on both sides of the English Channel. With the case of Patel v. Mirza, the Supreme Court of the United Kingdom has fundamentally revised the English law of illegality and in the process, as often occurs in such a revamping, has left hardly any of the original structure intact.This case note first describes the historical development of the illegality doctrine in English law before then presenting the ruling of the Supreme Court. Subsequently, German law is outlined and the resolution of the Supreme Court is comparatively assessed.
Book Synopsis Illegality after Patel v Mirza by : Sarah Green
Download or read book Illegality after Patel v Mirza written by Sarah Green and published by Bloomsbury Publishing. This book was released on 2018-06-14 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Equity written by Irit Samet and published by Oxford University Press. This book was released on 2018-12-06 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: âAccountability Correspondenceâ. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.
Author :Jack (is a former Lord Justice of Appeal and Rouse Ball Professor of English Law Beatson FBA, University of Cambridge; and is a Visiting Professor University of Oxford) Publisher : ISBN 13 :0198829973 Total Pages :815 pages Book Rating :4.1/5 (988 download)
Book Synopsis Anson's Law of Contract by : Jack (is a former Lord Justice of Appeal and Rouse Ball Professor of English Law Beatson FBA, University of Cambridge; and is a Visiting Professor University of Oxford)
Download or read book Anson's Law of Contract written by Jack (is a former Lord Justice of Appeal and Rouse Ball Professor of English Law Beatson FBA, University of Cambridge; and is a Visiting Professor University of Oxford) and published by . This book was released on 2020-05-06 with total page 815 pages. Available in PDF, EPUB and Kindle. Book excerpt: Popular amongst students and practitioners, Anson's Law of Contract is a well-established and well-respected classic of contract law.Written by three of the foremost experts in the field, it provides an authoritative account of the subject. Detailed, yet clear, the book leads readers through extensive explanations and analyses of the key underlying principles of contract law.Thoroughly updated to incorporate the most recent legislation and case law, this definitive work is essential reading on contract law.
Book Synopsis Revolution and Evolution in Private Law by : Sarah Worthington
Download or read book Revolution and Evolution in Private Law written by Sarah Worthington and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Equity and Trusts by : Alastair Hudson
Download or read book Equity and Trusts written by Alastair Hudson and published by Routledge. This book was released on 2021-11-29 with total page 1622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alastair Hudson’s Equity and Trusts is an ideal textbook for undergraduate courses on the law of trusts and equitable remedies. It provides a clear, current and comprehensive account of the subject. The author’s enthusiasm and expertise shine through, helping to bring to life an area of the law which students often fi nd challenging. The tenth edition of Equity and Trusts remains the most comprehensive and up-to-date coverage of the law of Equity and Trusts, while still a lively and thoughtful account of the issues raised by it. This book has been cited as being authoritative in the courts of numerous countries. The tenth edition is supported by the author’s website at www.alastairhudson.com with brand new resources including: • short podcasts discussing and clarifying key topics from within the book, which cover an entire course; • complete lecture recordings made specifi cally to accompany this book; • video documentaries bringing to life selected key topics; • a host of other online materials and study guides new for 2021.
Download or read book Trusts and Equity written by Gary Watt and published by Oxford University Press. This book was released on 2024-04 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trusts & Equity continues to offer a comprehensive and user-friendly approach, providing a concise route through what can be a challenging area of the law. Drawing on years of experience, Gary Watt encourages students to actively engage with the subject and think critically about its central issues, outlining the key perspectives with clarity and rigour.Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources include:· Video lectures presented by Gary Watt, providing an introduction to key areas of debate within the subject· Essay questions and problem scenarios with accompanying answer guidance, along with general guidance on answering these kinds of questions to enable you to improve· Web links to further primary sources and commentary to aid your understanding· Flashcard glossary to help test your knowledge of key terms
Book Synopsis Essays in Memory of Professor Jill Poole by : Robert Merkin
Download or read book Essays in Memory of Professor Jill Poole written by Robert Merkin and published by Taylor & Francis. This book was released on 2018-07-06 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of original, thought-provoking essays on critical issues in contract, commercial and corporate law. It is dedicated to the memory of the late Professor Jill Poole, who inspired so many and made such important contributions to these fields of law. The essays are written by leading practitioners and academics in the field, building on Jill’s work. As such this collection will be of interest and importance to professionals, academics and students in these fields of law. The Professor Jill Poole Educational Fund has been established in memory of Jill. It will be used to support undergraduate students in obtaining 'excellence scholarships' at Aston Law School and to reward 'excellence' at the annual law graduation ceremony. All contributions are welcome, and the royalties from this collection of essays have been donated to it.
Book Synopsis Bills of Lading by : Sir Richard Aikens
Download or read book Bills of Lading written by Sir Richard Aikens and published by Taylor & Francis. This book was released on 2020-12-23 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bills of lading form an essential part of the carriage of goods by sea and international trade. Their multi-functional nature, together with the large volume of case law and regulation, make the law in this field as complex as it is commercially vital. This bestselling book, now in its third edition, provides a detailed analysis of the law and practice applicable to bills of lading before, during, and after shipment, helping today’s busy practitioner to quickly and easily find the information they need. This book has been fully revised and updated with all the major developments, including: reference to increasingly important Singapore and Far-Eastern decisions; an analysis of modern developments in seaworthiness, from vetting and approval clauses to the topical issues of vulnerability and piracy attacks; detailed examination of misdelivery, fraudulent or forged bills of lading, and delivery without production of a bill of lading; revised coverage of conflicts and procedural matters, including anti-suit injunctions, jurisdiction battles, and the scope of arbitration; reference to relevant European law relating to issues of jurisdiction and procedure; comprehensive treatment of switch bills, transhipment, house bills, deck carriage, and container cargo; and new material on the practical implications of electronic bills of lading, and the implications of automated vessels. This text continues to provide an indispensable reference for maritime practitioners and institutions worldwide.
Book Synopsis The Principles of the Law of Restitution by : Graham Virgo
Download or read book The Principles of the Law of Restitution written by Graham Virgo and published by OUP Oxford. This book was released on 2015-08-13 with total page 1055 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. It has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject. Following important decisions of the Supreme Court and other courts, large-scale changes have been made to the chapters on enrichment, at the expense of the claimant, mistake, claims against public authorities, and change of position. Additionally, this edition contains a new chapter on the operation of juridical bars on restitutionary claims. References to developments in other jurisdictions have been expanded for this edition, reflecting the significance of these changes and how they assist in the interpretation of English law and provide a basis for criticising that law. Further, in the light of leading cases and the contributions of restitutionary scholars around the world, the author's views on specific controversial debates about the ambit, function, and interpretation of the subject have changed, sometimes radically. One significant aspect of the book remains unchanged: the book continues to focus on the identification and analysis of the principles which underpin the law of restitution as a whole, but with reference to its three distinct parts: unjust enrichment, restitution for wrongs, and the vindication of property rights. This approach provides the reader with a peerless guide to the law of restitution.
Book Synopsis The Modern Law of Contract by : Richard Stone
Download or read book The Modern Law of Contract written by Richard Stone and published by Routledge. This book was released on 2019-08-12 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Modern Law of Contract is a clear and logical textbook, written by an experienced author team with well over 50 years’ teaching and examining experience. Fully updated to address recent developments in Contract Law, it offers a carefully tailored overview of all key topics for LLB and GDL courses. The book also includes a number of learning features designed to enhance comprehension and aid exam preparation, allowing the reader to: ■■ understand and remember core topics: boxed chapter summaries offer a useful checklist for students, while illustrative diagrams help to clarify difficult concepts; ■■ identify important cases and assess their relevance: ‘Key case’ features highlight and contextualise the most significant cases; ■■ reflect on how contract law operates in context: highlighted ‘For thought’ features ask students to consider ‘what if’ scenarios, while ‘In focus’ features offer critical commentary on the law; ■■ consolidate learning and prepare for assessment: further reading lists and companion website directions at the end of each chapter direct you to additional interactive resources to test and reinforce your knowledge. Clearly written and easy to use, The Modern Law of Contract enables undergraduate students of contract law to fully engage with the topic and gain a profound understanding of this fundamental area.
Book Synopsis Corporate Attribution in Private Law by : Rachel Leow
Download or read book Corporate Attribution in Private Law written by Rachel Leow and published by Bloomsbury Publishing. This book was released on 2022-02-24 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book SHAPING THE LAW OF OBLIGATIONS written by and published by Oxford University Press. This book was released on 2023 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Defences in Equity by : Paul S Davies
Download or read book Defences in Equity written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2018-05-03 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors – judges, practitioners and academics – are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.
Book Synopsis Concentrate Questions and Answers Contract Law by : James Devenney
Download or read book Concentrate Questions and Answers Contract Law written by James Devenney and published by Oxford University Press. This book was released on 2022-10-13 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concentrate Q&A Contract Law guides you through how to structure a successful answer to a legal problem. Whether you are preparing for a seminar, completing assessed work, or in exam conditions, each guide shows you how to break down each question, take your learning further, and score extra marks. The Concentrate Q&A series has been developed in collaboration with hundreds of law students and lecturers across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any other Q&A guide. 'A sure-fire way to get a 1st class result' - Naomi M, Coventry University 'I can't think of better revision support for my study' - Quynh Anh Thi Le, University of Warwick 'My grades have dramatically improved since I started using the OUP Q&A guides' - Glen Sylvester, Bournemouth University 'My fellow students rave about this book' - Octavia Knapper, Lancaster University 'These first class answers will transform you into a first class student' - Ali Mohamed, University of Hertfordshire 'The best Q&A books that I've read; the content is exceptional' - Wendy Chinenye Akaigwe, London Metropolitan University Take it online: The 3rd edition is available in paperback, or e-book. Visit www.oup.com/lawrevision/ for multimedia resources to help you with revision and assessment.
