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Author : Clemence Yeung
Publisher :
ISBN 13 : 9789628972265
Total Pages : 560 pages
Book Rating : 4.9/5 (722 download)
Download or read book The Law of Unjust Enrichment in Hong Kong written by Clemence Yeung and published by . This book was released on 2008 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Steven Gallagher (Barrister)
Publisher :
ISBN 13 : 9789888764907
Total Pages : 657 pages
Book Rating : 4.7/5 (649 download)
Download or read book The Law of Unjust Enrichment in Hong Kong written by Steven Gallagher (Barrister) and published by . This book was released on 2021 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Siyi Lin
Publisher : Springer Nature
ISBN 13 : 3031061780
Total Pages : 297 pages
Book Rating : 4.0/5 (31 download)
Download or read book The Law of Unjust Enrichment in China: Necessary or Not? written by Siyi Lin and published by Springer Nature. This book was released on 2022-08-30 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first book focusing on the Chinese law of unjust enrichment in English and introducing it to Western jurisdictions. Unjust enrichment is currently one of the most controversial areas of law in many jurisdictions and rife with academic debate. This book analyzes the historical evolution, current doctrines, and relationships of unjust enrichment with other areas of private law in China. It also provides insights into judicial practice. In May 2020, China promulgated its first-ever Civil Code since the establishment of the People's Republic of China, which is a milestone in the history of Chinese law. Before the Civil Code, there was only one legal provision regulating unjust enrichment, which requires a person obtaining benefits “without a legal basis” to return such benefits. However, the new Civil Code contains a separate chapter regulating unjust enrichment. This book analyzes and evaluates those new provisions in the Civil Code to provide a most up-to-date analysis of the Chinese law of unjust enrichment.
Author : Hang Wu Tang
Publisher :
ISBN 13 : 9789811420368
Total Pages : 477 pages
Book Rating : 4.4/5 (23 download)
Download or read book Principles of the Law of Restitution in Singapore written by Hang Wu Tang and published by . This book was released on 2019 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The law of restitution is a major branch of private law which is not well understood. This is the first book dedicated to the law of restitution in Snigapore providing an analysis of the principles of the law of restitution with reference to two distinct parts, namely, unjust enrichment and restitution for wrongs. The prevention of unjust enrichment as an independent legal principle, capable of founding causes of action, gained currency as an independent branch of the common law in Singapore only in the 1990s. This book introduces readers to the central concepts and controversies in the law of restitution, focusing on unjust enrichment and restitution for wrongs as organising themes. Leading decisions in Singapore and other Commonwealth jurisdictions are used to explain the fundamental concepts in the law of restitution" -- Back cover.
Author : Charles Mitchell
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251367
Total Pages : 338 pages
Book Rating : 4.7/5 (822 download)
Download or read book The Restatement Third: Restitution and Unjust Enrichment written by Charles Mitchell and published by Bloomsbury Publishing. This book was released on 2013-05-09 with total page 338 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 : Warren Swain
Publisher : Oxford University Press
ISBN 13 : 0192874144
Total Pages : 401 pages
Book Rating : 4.1/5 (928 download)
Download or read book Rethinking Unjust Enrichment written by Warren Swain and published by Oxford University Press. This book was released on 2024-02-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.
Author : Robert Goff Baron Goff of Chieveley
Publisher :
ISBN 13 : 9780414055230
Total Pages : 1047 pages
Book Rating : 4.0/5 (552 download)
Download or read book The Law of Unjust Enrichment written by Robert Goff Baron Goff of Chieveley and published by . This book was released on 2016 with total page 1047 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies."
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 : Weng Tchung Low
Publisher :
ISBN 13 : 9789674003296
Total Pages : 953 pages
Book Rating : 4.0/5 (32 download)
Download or read book The Law of Restitution and Unjust Enrichment in Malaysia written by Weng Tchung Low and published by . This book was released on 2015 with total page 953 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew Lodder
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319726
Total Pages : 276 pages
Book Rating : 4.8/5 (473 download)
Download or read book Enrichment in the Law of Unjust Enrichment and Restitution written by Andrew Lodder and published by Bloomsbury Publishing. This book was released on 2012-07-06 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.
Author : Stephen D. Mau
Publisher : Hong Kong University Press
ISBN 13 : 9888208632
Total Pages : 160 pages
Book Rating : 4.8/5 (882 download)
Download or read book Contract Law in Hong Kong written by Stephen D. Mau and published by Hong Kong University Press. This book was released on 2016-08-09 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is one in a series of introductory books providing readers with an overview of the most frequently encountered legal principles. This book presents an introduction to contract principles that apply in Hong Kong. The new edition has been updated to reflect the current state of the law and to include newer cases, both local and overseas. The organisational structure has been revised for easier comprehension while keeping to the sequence in which a legally binding agreement is usually encountered. Contract Law in Hong Kong is an easy-to-understand reference book for students, practitioners, non-law professionals, and the general public.
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 : Fozia Nazir Lone
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041185690
Total Pages : 232 pages
Book Rating : 4.0/5 (411 download)
Download or read book Tort Law in Hong Kong written by Fozia Nazir Lone and published by Kluwer Law International B.V.. This book was released on 2016-12-23 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Hong Kong. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Hong Kong. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Author : Hong Kong
Publisher :
ISBN 13 :
Total Pages : 920 pages
Book Rating : 4.F/5 ( download)
Download or read book The Laws of Hong Kong written by Hong Kong and published by . This book was released on 1989 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jason W. Neyers
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316905
Total Pages : 430 pages
Book Rating : 4.8/5 (473 download)
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.
Download or read book Halsbury's Laws of Hong Kong written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew Mak
Publisher :
ISBN 13 : 9789888600106
Total Pages : 808 pages
Book Rating : 4.6/5 (1 download)
Download or read book Disciplinary and Regulatory Proceedings in Hong Kong written by Andrew Mak and published by . This book was released on 2019 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt:
