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The Nature And Scope Of Restitution
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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)
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.
Book Synopsis Federal Criminal Restitution by : Catharine M. Goodwin
Download or read book Federal Criminal Restitution written by Catharine M. Goodwin and published by West Group. This book was released on 2008-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Restitution by : George E. Palmer
Download or read book The Law of Restitution written by George E. Palmer and published by . This book was released on 1978 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Death of the Irreparable Injury Rule by : Douglas Laycock
Download or read book The Death of the Irreparable Injury Rule written by Douglas Laycock and published by Oxford University Press, USA. This book was released on 1991 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
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.
Book Synopsis The Canadian Law of Unjust Enrichment and Restitution by : Mitchell McInnes
Download or read book The Canadian Law of Unjust Enrichment and Restitution written by Mitchell McInnes and published by . This book was released on 2014-03 with total page 1785 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. That is true for a variety of reasons. The subject is seldom taught in law school. Many of the traditional cases speak in a language that is incomprehensible to modern ears. Most significantly, until now, there has not been a text that is structured in accordance with the modern Canadian principle of unjust enrichment.
Author :United States Holocaust Memorial Museum Publisher :Berghahn Books ISBN 13 :9781845450823 Total Pages :314 pages Book Rating :4.4/5 (58 download)
Book Synopsis Robbery and Restitution by : United States Holocaust Memorial Museum
Download or read book Robbery and Restitution written by United States Holocaust Memorial Museum and published by Berghahn Books. This book was released on 2007 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The robbery and restitution of Jewish property are two inextricably linked social processes. It is not possible to understand the lawsuits and international agreements on the restoration of Jewish property of the late 1990s without examining what was robbed and by whom. In this volume distinguished historians first outline the mechanisms and scope of the European-wide program of plunder and then assess the effectiveness and historical implications of post-war restitution efforts. Everywhere the solution of legal and material problems was intertwined with changing national myths about the war and conflicting interpretations of justice. Even those countries that pursued extensive restitution programs using rigorous legal means were unable to compensate or fully comprehend the scale of Jewish loss. Especially in Eastern Europe, it was not until the collapse of communism that the concept of restoring some Jewish property rights even became a viable option. Integrating the abundance of new research on the material effects of the Holocaust and its aftermath, this comparative perspective examines the developments in Germany, Poland, Italy, France, Belgium, Hungary and the Czech Republic.
Book Synopsis United States Attorneys' Manual by : United States. Department of Justice
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :International Organization for Migration Publisher :Hammersmith Press ISBN 13 :929068450X Total Pages :308 pages Book Rating :4.2/5 (96 download)
Book Synopsis Property Restitution and Compensation by : International Organization for Migration
Download or read book Property Restitution and Compensation written by International Organization for Migration and published by Hammersmith Press. This book was released on 2008 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law of Remedies written by Dan B. Dobbs and published by . This book was released on 1993 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of : Handbook on the law of remedies. 1973.
Book Synopsis The Law of Restitution by : Andrew S. Burrows
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.
Book Synopsis Restitution in Criminal Justice by : Joe Hudson
Download or read book Restitution in Criminal Justice written by Joe Hudson and published by . This book was released on 1976 with total page 276 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 271 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 Unjust Enrichment and Contract by : Tariq Baloch
Download or read book Unjust Enrichment and Contract written by Tariq Baloch and published by Bloomsbury Publishing. This book was released on 2009-03-12 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context. Firstly, the orthodox account correctly proceeds on the basis that the restitutionary claim in the contractual context is founded on an independent cause of action in unjust enrichment, rather than some equitable notion of unconscientiousness or the law of contract. Secondly, the book departs from the orthodox account by rejecting the unjust factors approach and endorsing the absence of basis approach for the law of unjust enrichment. Finally, the book argues that the right to restitution in the contractual context should be determined by the conditionality of the transfer of the benefit rather than a requirement such as the termination of the contract, as the orthodox account dictates. To that end the book proposes the following model, under which the right to restitution in the contractual context is determined by the resolution of the following two questions: (1) Was the transfer of the benefit (eg of money or services) conditional? (2) Was there a qualifying failure of condition? A condition can be, and often is, the other contracting party's counter-performance, but it may also be an event not promised by either party. What qualifies as a failure of condition depends on the type of contract in question. This book identifies two types of contracts, namely those which are apportioned (eg instalment contracts) and those which are unapportioned. It is only in relation to the latter that termination is required. It is a particular strength of the book that it is underpinned by detailed and original historical analysis which makes a novel and distinct contribution to the history of the laws of unjust enrichment and contract. 'Dr Baloch has produced the definitive study of the inter-relationship between contract and unjust enrichment. This has been achieved by carefully considering the historical roots of our common law, and how this is to be understood in its best light in the modern era.' Robert H Stevens, University College, London. 'Dr Baloch's exploration of the boundary between contractual and unjust enrichment liability in the 17th to 19th centuries has important things to say about the history of ideas of 'contract' in this period.' Mike Macnair, Oxford University. 'This is an innovative and rigorous book which engages with one of the most difficult areas in the law of unjust enrichment, namely the relationship between the law of unjust enrichment and the law of contract. Baloch roots his treatment of the modern law in its history and the historical analysis throughout is very careful and well grounded in the primary sources.' David Ibbetson, Cambridge University. 'This is a valuable book, thoughtful and well researched. It is concerned to build a model that fits comfortably with the cases, and its focus is on the work of modern commentators. Those concerned with the relationship of contract and the law of restitution whether at a theoretical level or in practice will benefit by careful study of what Dr Baloch has to say, whether or not they agree with it.' Jack Beatson, Royal Courts of Justice, 14 February 2009 (From the foreword)
Book Synopsis The Principles of Personal Property Law by : Duncan Sheehan
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 329 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.
Book Synopsis Moffat's Trusts Law by : Jonathan Garton
Download or read book Moffat's Trusts Law written by Jonathan Garton and published by Cambridge University Press. This book was released on 2015-08-13 with total page 1181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed, thorough and authoritative new edition of Moffat's Trusts Law.
Book Synopsis Subrogation and Marshalling by : Rory Gregson
Download or read book Subrogation and Marshalling written by Rory Gregson and published by Bloomsbury Publishing. This book was released on 2024-10-31 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and thought-provoking book studies how subrogation and marshalling should be understood in the context of private law. Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else's extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation's role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.
