Proprietary Remedies In Context

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Proprietary Remedies in Context

Author : Craig Rotherham
Publisher : Hart Publishing
ISBN 13 : 1841131652
Total Pages : 384 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Proprietary Remedies in Context by : Craig Rotherham

Download or read book Proprietary Remedies in Context written by Craig Rotherham and published by Hart Publishing. This book was released on 2002-04-23 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rotherham (U. of Cambridge, UK) provides a study of the juridical doctrines of English common law that allow for the acquisition of rights of ownership without an owner's consent and the issues raised by such redistributions of property rights. He ar gues that there is a fundamental tension in English law between the idea that property is inviolable and a de facto recognition of remedies that redistribute property rights. This tension leads to doctrines that are highly misleading and often indefe nsible. He suggests that the refusal to acknowledge the normative dimension of common law reasoning has precluded rational policy-making and has led to legal justifications that obfuscate rather than explain. A more rational doctrine would reject the absolutist paradigm of property, recognizing proper limits. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

Proprietary Remedies in Context

Author : Craig Rotherham
Publisher : Bloomsbury Publishing
ISBN 13 : 1847311059
Total Pages : 384 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Proprietary Remedies in Context by : Craig Rotherham

Download or read book Proprietary Remedies in Context written by Craig Rotherham and published by Bloomsbury Publishing. This book was released on 2002-04-23 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights,these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rights.

Proprietary Interests in Commercial Transactions

Author : Sarah Worthington
Publisher : Oxford University Press
ISBN 13 : 9780198262756
Total Pages : 328 pages
Book Rating : 4.2/5 (627 download)

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Book Synopsis Proprietary Interests in Commercial Transactions by : Sarah Worthington

Download or read book Proprietary Interests in Commercial Transactions written by Sarah Worthington and published by Oxford University Press. This book was released on 1996 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Worthington provides a broad overview of personal property law in a commercial context, examining the various devices used by contracting parties and attempting to distil a theoretically rigorous framework to describe the relevant laws.

Restitution in Private International Law

Author : George Panagopoulos
Publisher : Hart Publishing
ISBN 13 : 1841131423
Total Pages : 310 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Restitution in Private International Law by : George Panagopoulos

Download or read book Restitution in Private International Law written by George Panagopoulos and published by Hart Publishing. This book was released on 2000-11-10 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Panagopoulos, a barrister practicing in London, begins with a summary of the English domestic law of restitution and reviews the classification of restitutionary claims. He then examines the differences among a variety of common law approaches to restitutionary issues, focusing on the US and UK. A final section analyzes jurisdiction in private international law, both under the Brussels Convention and the traditional common law rules of England. The legalistic language used in the book emphasizes that it was designed primarily for law professionals. Distributed by ISBS. c. Book News Inc.

The Principles of Equity & Trusts

Author : Graham Virgo
Publisher : Oxford University Press
ISBN 13 : 0198804717
Total Pages : 735 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Principles of Equity & Trusts by : Graham Virgo

Download or read book The Principles of Equity & Trusts written by Graham Virgo and published by Oxford University Press. This book was released on 2018 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Commercial Remedies: Resolving Controversies

Author : Graham Virgo
Publisher : Cambridge University Press
ISBN 13 : 1316764559
Total Pages : 625 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Commercial Remedies: Resolving Controversies by : Graham Virgo

Download or read book Commercial Remedies: Resolving Controversies written by Graham Virgo and published by Cambridge University Press. This book was released on 2017-08-24 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.

Modern Studies in Property Law - Volume 2

Author : Elizabeth Cooke
Publisher : Hart Publishing
ISBN 13 : 1841131733
Total Pages : 441 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Modern Studies in Property Law - Volume 2 by : Elizabeth Cooke

Download or read book Modern Studies in Property Law - Volume 2 written by Elizabeth Cooke and published by Hart Publishing. This book was released on 2003-05-09 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises a collection of papers given at the conference of the Centre for Property Law at the University of Reading held in 2002.

Understanding Unjust Enrichment

Author : Jason W Neyers
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310974
Total Pages : 430 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Understanding Unjust Enrichment by : Jason W Neyers

Download or read book Understanding Unjust Enrichment written by Jason W Neyers and published by Bloomsbury Publishing. This book was released on 2004-04-20 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

New Perspectives on Property Law

Author : Alistair Hudson
Publisher : Routledge
ISBN 13 : 1135334277
Total Pages : 405 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis New Perspectives on Property Law by : Alistair Hudson

Download or read book New Perspectives on Property Law written by Alistair Hudson and published by Routledge. This book was released on 2013-03-04 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

Equity and Trusts

Author : Alastair Hudson
Publisher : Routledge
ISBN 13 : 1135999759
Total Pages : 1144 pages
Book Rating : 4.1/5 (359 download)

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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 2009-09-11 with total page 1144 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 through which the author’s enthusiasm and expertise shine through, helping to bring to life an area of the law which students often find difficult. Beginning with the core principles, Professor Hudson reinforces the key points by means of clear examples throughout each chapter, helping students to build and develop their own knowledge of equity and trusts.

Principles of Proprietary Remedies

Author : Elise Bant
Publisher :
ISBN 13 : 9780455231815
Total Pages : 238 pages
Book Rating : 4.2/5 (318 download)

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Book Synopsis Principles of Proprietary Remedies by : Elise Bant

Download or read book Principles of Proprietary Remedies written by Elise Bant and published by . This book was released on 2013 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection represents the timely culmination of a four-year Australian Research Council Discovery project led by the editors to identify and explore the principles that guide the award of proprietary relief.

Fault Lines in Equity

Author : James Glister
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319440
Total Pages : 298 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Fault Lines in Equity by : James Glister

Download or read book Fault Lines in Equity written by James Glister and published by Bloomsbury Publishing. This book was released on 2012-05-18 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first century it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.

Research Handbook on Remedies in Private Law

Author : Roger Halson
Publisher : Edward Elgar Publishing
ISBN 13 : 1786431270
Total Pages : 549 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 2019 with total page 549 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.

Structure and Justification in Private Law

Author : C.E.F. Rickett
Publisher : Bloomsbury Publishing
ISBN 13 : 184731709X
Total Pages : 325 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Structure and Justification in Private Law by : C.E.F. Rickett

Download or read book Structure and Justification in Private Law written by C.E.F. Rickett and published by Bloomsbury Publishing. This book was released on 2008-02-27 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example. Contributors Kit Barker Michael Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter Watts Ernest Weinrib Eric Descheemaeker

The Law of Tracing

Author : Lionel D. Smith
Publisher : Clarendon Press
ISBN 13 : 0191587036
Total Pages : 453 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Law of Tracing by : Lionel D. Smith

Download or read book The Law of Tracing written by Lionel D. Smith and published by Clarendon Press. This book was released on 1997-07-24 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of tracing is a complex subject which has struggled to find a home in works on property, equity, commercial law and restitution. Broadly speaking, it addresses the question of when rights held in an asset can be asserted in another asset despite changes in form or attempts to 'launder' the initial asset. Properly understood this area of study is composed of several distinct topics. This book explores all the areas covered by the law of tracing in a degree of detail not previously reached in more general works.

Understanding Equity & Trusts

Author : Alastair Hudson
Publisher : Routledge
ISBN 13 : 131730456X
Total Pages : 295 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Understanding Equity & Trusts by : Alastair Hudson

Download or read book Understanding Equity & Trusts written by Alastair Hudson and published by Routledge. This book was released on 2016-07-28 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Equity & Trusts provides a clear, accessible and lively overview of the main themes in this dynamic area of the law. An ideal first point of entry to the subject or revision tool, this book will give you an invaluable grounding in all of the key principles of equity and the law of trusts. If you need help with trusts law, then this is the book for you. This book covers all of the topics that a student reader will encounter in any trusts law or equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, equitable remedies and trusts of homes. The law of trusts is built on simple basic principles. The approach of this book is to lay foundations with an explanation of those principles before building towards the more complex issues which are the focus of examinations in this subject. The lively text includes a large number of straightforward examples to make the discussion of the general law more accessible.