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Author : Aimite Jorge
Publisher :
ISBN 13 :
Total Pages : 740 pages
Book Rating : 4.:/5 (688 download)
Download or read book The Change of Position Defence in Comparative Perspective written by Aimite Jorge and published by . This book was released on 2009 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Elise Bant
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315070
Total Pages : 292 pages
Book Rating : 4.8/5 (473 download)
Download or read book The Change of Position Defence written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2009-05-27 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'.
Author : Jean-Sébastien Borghetti
Publisher : Bloomsbury Publishing
ISBN 13 : 1509927298
Total Pages : 544 pages
Book Rating : 4.5/5 (99 download)
Download or read book French Civil Liability in Comparative Perspective written by Jean-Sébastien Borghetti and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
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)
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.
Author : David Johnston
Publisher :
ISBN 13 : 0511029292
Total Pages : 793 pages
Book Rating : 4.5/5 (11 download)
Download or read book Unjustified Enrichment written by David Johnston and published by . This book was released on 2005-01-28 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
Author : David Karol
Publisher : Cambridge University Press
ISBN 13 : 113948477X
Total Pages : 327 pages
Book Rating : 4.1/5 (394 download)
Download or read book Party Position Change in American Politics written by David Karol and published by Cambridge University Press. This book was released on 2009-11-23 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's two party system is highly stable, but its parties' issue positions are not. Democrats and Republicans have changed sides on many subjects, including trade, civil rights, defense spending, and fiscal policy, and polarized on newer issues like abortion and gun control. Yet party position change remains poorly understood. In this book David Karol views parties as coalitions of groups with intense preferences on particular issues managed by politicians. He explains important variations in party position change: the speed of shifts, the stability of new positions, and the extent to which change occurs via adaptation by incumbents. Karol shows that the key question is whether parties are reacting to changed preferences of coalition components, incorporating new constituencies, or experimenting on 'groupless' issues. He reveals that adaptation by incumbents is a far greater source of change than previously recognized. This study enhances our understanding of parties, interest groups, and representation.
Author : Andrew S. Burrows
Publisher : Oxford University Press
ISBN 13 : 0199296529
Total Pages : 789 pages
Book Rating : 4.1/5 (992 download)
Download or read book The Law of Restitution written by Andrew S. Burrows and published by Oxford University Press. This book was released on 2011 with total page 789 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.
Author : Ryan K. Beasley
Publisher : CQ Press
ISBN 13 : 1452288968
Total Pages : 393 pages
Book Rating : 4.4/5 (522 download)
Download or read book Foreign Policy in Comparative Perspective written by Ryan K. Beasley and published by CQ Press. This book was released on 2012-04-25 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely regarded as the most comprehensive comparative foreign policy text, Foreign Policy in Comparative Perspective has been completely updated in this much-anticipated second edition. Exploring the foreign policies of thirteen nations—both major and emerging players, and representing all regions of the world—chapter authors link the study of international relations to domestic politics, while treating each nation according to individual histories and contemporary dilemmas. The book's accessible theoretical framework is designed to enable comparative analysis, helping students discern patterns to understand why a state acts as it does in foreign affairs.
Author : Andrew Dyson
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256369
Total Pages : 452 pages
Book Rating : 4.7/5 (822 download)
Download or read book Defences in Unjust Enrichment written by Andrew Dyson and published by Bloomsbury Publishing. This book was released on 2016-01-14 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.
Author : James Edelman
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255621
Total Pages : 480 pages
Book Rating : 4.7/5 (822 download)
Download or read book Unjust Enrichment written by James Edelman and published by Bloomsbury Publishing. This book was released on 2016-08-25 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.
Author : Duncan Sheehan
Publisher : Bloomsbury Publishing
ISBN 13 : 184731791X
Total Pages : 328 pages
Book Rating : 4.8/5 (473 download)
Download or read book The Principles of Personal Property Law written by Duncan Sheehan and published by Bloomsbury Publishing. This book was released on 2011-11-30 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of personal property covers a very wide spectrum of scenarios and has had little detailed scrutiny of its overarching structure over the years. This is a shame. It is a system and can best be understood as a system. Indeed without understanding it as a system, it becomes much more difficult to understand. This new textbook is intended to provide a comprehensive and yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The book will be of use to students on undergraduate commercial law courses, or related LLM courses, as well as those on integrated property law courses, and particularly specialised personal property modules. It will also be useful to academics and practitioners working in the area.
Author : Birke Häcker
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253653
Total Pages : 410 pages
Book Rating : 4.7/5 (822 download)
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.
Author : C Mitchell
Publisher : A&C Black
ISBN 13 : 1782251375
Total Pages : 500 pages
Book Rating : 4.7/5 (822 download)
Download or read book The Restatement Third: Restitution and Unjust Enrichment written by C Mitchell and published by A&C Black. This book was released on 2014-07-18 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.
Author : Duncan Sheehan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509942459
Total Pages : 265 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Scope and Structure of Unjust Enrichment written by Duncan Sheehan and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as necessity should be excluded from the subject area. The book concludes with a treatment of defences.
Author : Donal Nolan
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317898
Total Pages : 582 pages
Book Rating : 4.8/5 (473 download)
Download or read book Rights and Private Law written by Donal Nolan and published by Bloomsbury Publishing. This book was released on 2011-12-02 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
Author : Fabrizio Coticchia
Publisher : Routledge
ISBN 13 : 1317013638
Total Pages : 162 pages
Book Rating : 4.3/5 (17 download)
Download or read book The Transformation of Italian Armed Forces in Comparative Perspective written by Fabrizio Coticchia and published by Routledge. This book was released on 2016-03-09 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: European armed forces have undergone deep changes in the past two decades. Given the breadth of the debate and the size of transformations that took place, it is somewhat surprising that relatively few academic studies have directly dealt with changes in force structure of European militaries, and the Italian armed forces in particular. The focus of this book is the organizational dimension of the restructuring of armed forces through 3 different lenses: doctrine and strategic framework, budget and resource allocation, and force structure and deployment. The key issues addressed relate to how these factors interact in shaping transformation. Of particular interest is the theme of learning, which is how armed forces endogenize change in the short and long run. This study provides valuable insights into the extent to which armed forces manage to adapt to the emerging strategic and operational challenges they have to face and to illustrate the weight of institutional legacies, resource constraints and inter-organizational learning in shaping transformation. Focusing on the Italian case in comparative perspective and based on a large variety of military operations from airstrikes to peacekeeping and counterinsurgency, the book provides an innovative viewpoint on military transformation and significantly contributes to our understanding of contemporary security that is deeply shaped by the lessons learnt in Afghanistan, Lebanon, Iraq and Libya.
Author : Elise Bant
Publisher : Hart Publishing
ISBN 13 :
Total Pages : 302 pages
Book Rating : 4.F/5 ( download)
Download or read book The Change of Position Defence written by Elise Bant and published by Hart Publishing. This book was released on 2009-05-27 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'.
