Restitution: Past, Present and Future

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Author :
Publisher : Hart Publishing
ISBN 13 : 1901362426
Total Pages : 373 pages
Book Rating : 4.9/5 (13 download)

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Book Synopsis Restitution: Past, Present and Future by : William Cornish

Download or read book Restitution: Past, Present and Future written by William Cornish and published by Hart Publishing. This book was released on 1998-06-19 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of the Law of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring. In these essays, written by a group of the world's leading restitution scholars, the opportunity is taken to conduct a fresh appraisal of the development of the subject - to look, in other words, at the past, present, and future of the law of restitution. Contributors: John Baker, Peter Birks, Justice Finn, Roy Goode, Ewan McKendrick, Justice McLachlin, Sir Peter Millett, Lord Nicholls of Birkenhead, Richard Nolan, Janet O'Sullivan, Graham Virgo (as well as shorter contributions from invited commentators).

Restitution

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (123 download)

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Book Synopsis Restitution by : University of Cambridge. Faculty of Law

Download or read book Restitution written by University of Cambridge. Faculty of Law and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Restitution: Past, Present and Future

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 184731676X
Total Pages : 247 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Restitution: Past, Present and Future by : William Cornish

Download or read book Restitution: Past, Present and Future written by William Cornish and published by Bloomsbury Publishing. This book was released on 1998-07-01 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of the Law of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring. In these essays, written by a group of the world's leading restitution scholars, the opportunity is taken to conduct a fresh appraisal of the development of the subject - to look, in other words, at the past, present, and future of the law of restitution. Contributors: John Baker, Peter Birks, Justice Finn, Roy Goode, Ewan McKendrick, Justice McLachlin, Sir Peter Millett, Lord Nicholls of Birkenhead, Richard Nolan, Janet O'Sullivan, Graham Virgo (as well as shorter contributions from invited commentators).

The Nature and Scope of Restitution

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Author :
Publisher :
ISBN 13 :
Total Pages : 70 pages
Book Rating : 4.:/5 (222 download)

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Book Synopsis The Nature and Scope of Restitution by : Gerald Henry Louis Fridman

Download or read book The Nature and Scope of Restitution written by Gerald Henry Louis Fridman and published by . This book was released on 1991 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Principles of the Law of Restitution

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191039810
Total Pages : 1055 pages
Book Rating : 4.1/5 (91 download)

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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.

Restitution,pasr,present & Future:essays in Honour of Gareth

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (118 download)

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Book Synopsis Restitution,pasr,present & Future:essays in Honour of Gareth by : William Rodolph Cornish

Download or read book Restitution,pasr,present & Future:essays in Honour of Gareth written by William Rodolph Cornish and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Restitution in Nigeria

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Author :
Publisher : African Books Collective
ISBN 13 : 9785157830
Total Pages : 654 pages
Book Rating : 4.7/5 (851 download)

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Book Synopsis The Law of Restitution in Nigeria by : Festus Emiri

Download or read book The Law of Restitution in Nigeria written by Festus Emiri and published by African Books Collective. This book was released on 2012 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Restitution in Nigeria covers the historical development of restitution in law, its scope, and contemporary issues related to it. Some of the issues covered are: Ignorance; Incapacity; Exploitation; Enrichment at the plaintiffs expense; Restitution for wrongs and general principles, torts, breach of contract, equitable wrongdoing, criminal offenses; Defenses relating to changing circumstances; Illegality; and limitation of actions in restitution.

The Impact of Equity and Restitution in Commerce

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509915664
Total Pages : 316 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Impact of Equity and Restitution in Commerce by : Peter Devonshire

Download or read book The Impact of Equity and Restitution in Commerce written by Peter Devonshire and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Research Handbook on Unjust Enrichment and Restitution

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788114264
Total Pages : 544 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Research Handbook on Unjust Enrichment and Restitution by : Elise Bant

Download or read book Research Handbook on Unjust Enrichment and Restitution written by Elise Bant and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.

Restitutionary Rights to Share in Damages

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Publisher : Cambridge University Press
ISBN 13 : 1139435590
Total Pages : 316 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Restitutionary Rights to Share in Damages by : Simone Degeling

Download or read book Restitutionary Rights to Share in Damages written by Simone Degeling and published by Cambridge University Press. This book was released on 2003-06-12 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights and obligations can arise, amongst other things, in tort or in unjust enrichment. Simone Degeling deals with the phenomenon whereby a stranger to litigation is entitled to participate in the fruits of that litigation. Two prominent examples of this phenomenon are the carer, entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, entitled to participate in the fruits of the insured's claim against the wrongdoer. Degeling demonstrates that both are rights raised to reverse unjust enrichment. Careful examination of these two categories reveals the existence of a novel policy-motivated unjust factor called the policy against accumulation. Degeling argues that this is an unjust factor of broad application, applying to configurations other than that of the carer and the indemnity insurer. This will interest restitution and tort lawyers, both academic and practitioner, as well as academic institutions and court libraries.

Consequences of Impaired Consent Transfers

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782253653
Total Pages : 410 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Consequences of Impaired Consent Transfers by : Birke Häcker

Download or read book Consequences of Impaired Consent Transfers written by Birke Häcker and published by Bloomsbury Publishing. This book was released on 2013-11-25 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Häcker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations. This book is a re-publication of a work first published by Mohr Siebeck in Germany.

Contract Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847317286
Total Pages : 250 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Contract Law by : Adam Kramer QC

Download or read book Contract Law written by Adam Kramer QC and published by Bloomsbury Publishing. This book was released on 2010-01-02 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a new type of book. It provides an index of the most useful and important academic and other writings on contract law, whether published in articles or journal chapters, or as books. These writings, with their full citation, are gathered under familiar contract law subject-headings, and the most significant half of them are digested in a summary of a few lines each. The book aims to cover all writings published in the English language about the Common Law of contracts, and includes sections on contract theory and the history of contract law, as well as sections for the more traditional substantive topics (such as the interpretation of contracts, penalty clauses, remoteness of damage and anticipatory breach). This work should prove an invaluable resource for practitioners, academics and students, increasing awareness of important writings, and saving readers time by familiarising them with the work that has already been done in their particular fields.

Breach of Trust

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Publisher : Hart Publishing
ISBN 13 : 1841131741
Total Pages : 465 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Breach of Trust by : Peter Birks

Download or read book Breach of Trust written by Peter Birks and published by Hart Publishing. This book was released on 2002-07-05 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent leading cases have demonstrated the urgent need to modernize the learning on breach of trust. This book, written by a team of leading trust lawyers from a number of common law jurisdictions, investigates all the principal aspects of the subject.

Justice Back and Forth

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Publisher : University of Toronto Press
ISBN 13 : 1487510519
Total Pages : 280 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Justice Back and Forth by : Richard Vernon

Download or read book Justice Back and Forth written by Richard Vernon and published by University of Toronto Press. This book was released on 2016-11-14 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideas of justice have traditionally focused on what individuals owe to one another and have drawn our attention to what is considered fair – what one of us owes to another is justly matched by what the other owes to them. However, what does justice require us to do for past and future generations? In Justice Back and Forth, award-winning author Richard Vernon explores the possibility of justice in cases where time makes reciprocity impossible. This “temporal justice” is examined in ten controversial cases including the duty to return historical artifacts, the ethics and politics of parenting, the punishment of historical offences, the right to procreate, and the imposition of constitutions on future citizens. By deftly weaving together discussions on historical redress and justice for future generations, Vernon reveals that these two opposing topics can in fact be used to illuminate each other. In doing so, he concludes that reciprocity can be adapted to serve intergenerational cases.

Understanding Unjust Enrichment

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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.

Enrichment and Restitution in New Zealand

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Publisher : Hart Publishing
ISBN 13 :
Total Pages : 576 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Enrichment and Restitution in New Zealand by : Ross Grantham

Download or read book Enrichment and Restitution in New Zealand written by Ross Grantham and published by Hart Publishing. This book was released on 2000-07-10 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Grantham and Rickett (commercial law, U. of Auckland, New Zealand) provide an account of the law of restitution which provides coherence in its relationships with other areas of private law, reflects a consistent theoretical underpinning, and offers an organization of the law which is not solely dependent on theory but reflects a contextual coherence. They argue that the subject matter which properly falls within the ambit of the law of restitution is considerably less than is currently supposed. Although aimed to the substantive law of New Zealand, it applies more broadly throughout the common law world. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

Foreign Currency

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Publisher : CRC Press
ISBN 13 : 1317659287
Total Pages : 504 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Foreign Currency by : Michael Howard

Download or read book Foreign Currency written by Michael Howard and published by CRC Press. This book was released on 2016-07-22 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currency fluctuation, currency wars and even potential currency collapse (the Euro, the Bitcoin) are all risks that commercial parties must consider and guard against. This book gathers together in one volume all the information and advice practitioners are likely to need when advising on, advancing or defending claims involving a foreign currency element. The determination of the proper currency (or currencies) of a claim often has a dramatic effect on the level of a court judgment or arbitration award that is ultimately obtained. It is, therefore, vital for practitioners to accurately assess claims which involve a foreign currency element. The authors guide the reader through the legal principles governing how foreign currency claims are treated in English law. The book covers both the treatment of foreign currency in substantive law as well as such procedural matters as how to claim interest correctly on a foreign currency claim and how to plead, prove or disprove the applicability of a particular currency. This book is an invaluable and essential resource for all lawyers involved in international commerce, but will be of particular interest to those engaged in international finance, commodity transactions, international shipping and transport, and the insurance of assets and liabilities abroad. "Those who practise in this country need guidance in navigating the tricky waters that The Despina R unleashed. This excellent book provides that guidance." The authors "have been uniquely well placed to meet the challenge of analysing what is a perplexing body of jurisprudence, and to suggest principled answers to currency issues that have not yet been the subject of judicial decision. They consider not merely claims in contract and tort, but every type of claim that might raise an issue in relation to a foreign currency." The Rt Hon. The Lord Phillips of Worth Matravers, KG, PC, President of the Supreme Court of the United Kingdom, 2009-2012