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Restitution In Integrum Div 1
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Download or read book Restitution written by Lionel Smith and published by Routledge. This book was released on 2020-11-25 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. In the Western legal tradition, the history of restitution for unjust enrichment reaches back to pre-classical Roman law. In common law, the roots of unjust enrichment may be said to lie in the fourteenth century; but its history as a subject of academic study is much shorter. The law of restitution has become increasingly important in the courts of the common law world during the last decade. This has generated a great deal of scholarly attention and there has been an explosion of literature as legal academics have addressed the theoretical foundations of the subject, its structure and its underlying principles.
Download or read book Restitution written by Ward Farnsworth and published by University of Chicago Press. This book was released on 2014-10-14 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Restitution is the body of law concerned with taking away gains that someone has wrongfully obtained. The operator of a Ponzi scheme takes money from his victims by fraud and then invests it in stocks that rise in value. Or a company pays a shareholder excessive dividends or pays them to the wrong person. Or a man poisons his grandfather and then collects under the grandfather’s will. In each of these cases, one party is unjustly enriched at the expense of another. And in all of them the law of restitution provides a way to undo the enrichment and transfer the defendant’s gains to a party with better rights to them. Tort law focuses on the harm, or costs, that one party wrongfully imposes on another. Restitution is the mirror image; it corrects gains that one party wrongfully receives at another’s expense. It is an important topic for every lawyer and for anyone else interested in how the legal system responds to injustice. In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.
Book Synopsis Restitutio in Integrum and Its Obstacles in the Law of Conversion by : Jonathan Ralph Wain
Download or read book Restitutio in Integrum and Its Obstacles in the Law of Conversion written by Jonathan Ralph Wain and published by . This book was released on 1984 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law Reports by : Great Britain. High Court of Justice. Chancery Division
Download or read book The Law Reports written by Great Britain. High Court of Justice. Chancery Division and published by . This book was released on 1877 with total page 1076 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Landmark Cases in the Law of Restitution by : Charles Mitchell
Download or read book Landmark Cases in the Law of Restitution written by Charles Mitchell and published by Bloomsbury Publishing. This book was released on 2006-04-18 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.
Book Synopsis The Varieties of Restitution by : Ian McNeil Jackman
Download or read book The Varieties of Restitution written by Ian McNeil Jackman and published by . This book was released on 1998 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of restitution is commonly described in terms of a unifying principle of "unjust enrichment at the plaintiffs expense." Jackman challenges that view, revealing that much of the law of restitution does not concern cases where the defendant has been "enriched" or where the plaintiff has suffered "expense." Demonstrating that there are several distinct concepts of "injustice" at stake, he then identifies three fundamentally distinct categories of legal thought in this area: the reversal of non-voluntary transactions; the fulfilment of non-contractual promises; and the protection of the private legal facilities of proprietary rights and fiduciary relationships. In so doing, the author highlights the central and disparate principles of restitution so often masked by the concern for uniformity.
Book Synopsis Harper's Latin Dictionary by : Ethan Allen Andrews
Download or read book Harper's Latin Dictionary written by Ethan Allen Andrews and published by . This book was released on 1907 with total page 2046 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The South African Law Reports. Appellate Division by : Sir Alexander Fraser Russell
Download or read book The South African Law Reports. Appellate Division written by Sir Alexander Fraser Russell and published by . This book was released on 1914 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unjustified Enrichment by : Stephen Swann
Download or read book Unjustified Enrichment written by Stephen Swann and published by Walter de Gruyter. This book was released on 2010-03-12 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Unjustified enrichment" is one of the three main non-contractual obligations dealt with in the DCFR. In recent years unjustified enrichment has been one of the most intellectually animated areas of private law. In an area of law whose territory is still partially uncharted and whose boundaries are contested, this volume of Principles of European Law will be invaluable for academic analysis of the law and its development by the courts. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.
Download or read book The Institutes written by Rudolf Sohm and published by . This book was released on 1907 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reports of Cases Argued and Decided in the Supreme Court of the State of Texas by : Texas. Supreme Court
Download or read book Reports of Cases Argued and Decided in the Supreme Court of the State of Texas written by Texas. Supreme Court and published by . This book was released on 1853 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reports of Cases Argued and Determined in the Appellate Division of the Supreme Court of Rhode Island by : Rhode Island. Supreme Court
Download or read book Reports of Cases Argued and Determined in the Appellate Division of the Supreme Court of Rhode Island written by Rhode Island. Supreme Court and published by . This book was released on 1873 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reports of Cases Argued and Decided in the Supreme Court of the State of Texas by :
Download or read book Reports of Cases Argued and Decided in the Supreme Court of the State of Texas written by and published by . This book was released on 1853 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restitution written by Lionel Smith and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the central features of the law of restitution for unjust enrichment is, for many commentators, a puzzle. This is the phenomenon of liability without fault. A defendant can come under an obligation to the plaintiff without having done anything wrong. The primary goal of this Article is to provide an explanation of how such obligations can rightly be said to arise. This part of the argument attempts to build on Ernest Weinrib's developed theory of corrective justice, as set out in The Idea of PrivateLaw.' The secondary goal of this Article is to apply this analytical framework so developed to some contested areas of unjust enrichment law to test the fit between the framework and the law. Particular attention will be paid to the difficult cases in which the initial recipient of an enrichment has passed it on to another person, who is now the defendant. These cases have caused difficulty in all legal systems. It will be argued that the common law's solution, properly understood, is consistent with corrective justice. Such remote recipients can be strictly liable, but only to the extent that they still hold an asset in which the plaintiff can establish a proprietary interest.
Download or read book The Law Reports written by and published by . This book was released on 1877 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Biological Effects of Ionizing Radiation by : Marylou Ingram
Download or read book Biological Effects of Ionizing Radiation written by Marylou Ingram and published by . This book was released on 1966 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unjust Enrichment in South African Law by : Helen Scott
Download or read book Unjust Enrichment in South African Law written by Helen Scott and published by Bloomsbury Publishing. This book was released on 2013-07-10 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis.
