Illegality After Patel V Mirza
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Illegality After Patel V Mirza
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Author : Sarah Green
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-06-14
Illegality After Patel V Mirza written by Sarah Green and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-14 with Law categories.
In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.
Contents Of Commercial Contracts
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Author : Paul S Davies
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-07-23
Contents Of Commercial Contracts written by Paul S Davies and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-23 with Law categories.
Freedom of contract is a great strength of English law: indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. Insodoing, they make original contributions to ongoing debates concerning the limits to parties' freedom of contract. This important subject will interest drafters of commercial contracts keen to ensure that contracts are clear and enforceable; litigators disputing the meaning, scope and validity of terms; and academics interested in the purpose and nature of the exercises involved.
The Illegality Defence
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Author : Great Britain. Law Commission
language : en
Publisher: The Stationery Office
Release Date : 2009
The Illegality Defence written by Great Britain. Law Commission and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
This Consultation Paper gives provisional recommendations on whether a claimant who has been involved in illegal conduct should be entitled to enforce a claim in contract, unjust enrichment, trusts and tort. It follows earlier consultation papers on illegality in contacts and trusts (LCCP 154, 1999, 9780117302396) and the illegality defence in tort (LCCP 160, 2001, ISBN 9780117302457). How should the law respond if a claimant has been involved in some form of illegal conduct? Should this prevent the claimant winning his or her claim? It is difficult to set out hard and fast rules as the illegality defence may be used against claimants in such a wide variety of contexts. The courts have attempted to lay down a series of rules to apply in different circumstances. The result is a body of law which is uncertain and sometimes arbitrary, occasionally producing results which may appear unduly harsh or not harsh enough. The Commission believes that, in most areas of the law, it is up to the courts to develop clear, fair law, based on a set of policy rationales. Judges should base their decisions directly on the policies that underlie the illegality defence and explain their reasoning accordingly. The Commission makes proposals on what those policies should be. There is one area in which the Commission does not think that judicial clarification is possible: where a trust has been set up to hide true ownership for criminal purposes. The Commission feels that statutory reform is needed here, and is in the process of preparing a draft Bill which will be presented with the final report later this year.
Chinese Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26
Chinese Contract Law written by Larry A. DiMatteo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-26 with Law categories.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
A Restatement Of The English Law Of Contract
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Author : Andrew (hon) Burrows FBA
language : en
Publisher: Oxford University Press
Release Date : 2016-04-28
A Restatement Of The English Law Of Contract written by Andrew (hon) Burrows FBA and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-28 with Law categories.
A Restatement of the English Law of Contract is the second Restatement of English law undertaken by Andrew Burrows following on the success of A Restatement of the English Law of Unjust Enrichment (OUP, 2012). Designed to enhance the accessibility of the common law the Restatement comprises a number of clear succinct rules, fully explained by a supporting commentary, which set out the general law of contract in England and Wales. Written by one of the leading authorities in this area, in collaboration with an advisory group of senior judges, academics, and legal practitioners, the Restatement offers a novel and powerfully persuasive statement of the law in this central area of English law. All lawyers dealing with the English law of contract, whether as practitioners, judges, academics, or law students, cannot but benefit from this Restatement. The English law of contract is one of the most respected systems of contract law in the world and by the device of a 'choice of law' clause is often chosen by foreign commercial parties as the applicable law to govern their contract. One of the aims of the Restatement is for the reader, including those from civil law jurisdictions, to see quickly and easily how the different elements of the English law of contract fit together.
Unravelling Tort And Crime
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Author : Matthew Dyson
language : en
Publisher: Cambridge University Press
Release Date : 2014-07-17
Unravelling Tort And Crime written by Matthew Dyson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-17 with Law categories.
Innovative and groundbreaking research on how tort and crime interrelate in English law.
The Law Of Contract
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Author : G. H. Treitel
language : en
Publisher:
Release Date : 1966
The Law Of Contract written by G. H. Treitel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1966 with Contracts categories.
Hanbury And Martin Modern Equity
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Author : James Glister
language : en
Publisher:
Release Date : 2021-09-30
Hanbury And Martin Modern Equity written by James Glister and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-30 with Equity categories.
Hanbury & Martin: Modern Equity provides an up-to-date and modern account of this challenging area of the law. This twenty-second edition of the long-standing work is the third edition under the present editors. The new edition contains rigorous analysis of the latest in case law and academic debate, with strengthened reference to other common law jurisdictions. Modern Equity continues to be unparalleled in breadth of scope and wealth of detail and remains the authority on equity and trusts law.
Complete Equity And Trusts
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Author : Richard Clements
language : en
Publisher: Oxford University Press
Release Date : 2018
Complete Equity And Trusts written by Richard Clements and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Equitable remedies categories.
'Complete Equity and Trusts' provides a blend of explanatory text, cases and materials making it ideal for students new to equity and trusts. In this student-centred and approachable text, complex topics are explained clearly and succinctly.
Macgillivray On Insurance Law
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Author : Evan James MacGillivray
language : en
Publisher:
Release Date : 1997
Macgillivray On Insurance Law written by Evan James MacGillivray and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Aviation insurance categories.
Dealing with all insurance risks other then marine, this text contains sections on insurable interest, non-disclosure, reinsurance, conflict of laws and policy terms. It also includes the Unfair Terms in Consumer Contract Regulations 1994 and the Rome Convention on Conflict of Laws.