Re Examining Contract And Unjust Enrichment
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Re Examining Contract And Unjust Enrichment
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Author : Paula Giliker
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2007
Re Examining Contract And Unjust Enrichment written by Paula Giliker and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
This collection of essays addresses some of the fundamental questions facing the law of contract and of unjust enrichment in the twenty-first century from a comparative perspective. Leading academics from Canada and the United Kingdom analyse the nature and development of the principles of unjust enrichment, their relationship with contract and fiduciary obligations and their impact upon traditional contractual doctrines such as mistake, undue influence, frustration and the assessment of damages. The text provides an insightful, contemporary and provocative examination of this fast-developing area of law.
Unjust Enrichment And Countervailing Obligations
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Author : KV Krishnaprasad
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-01-09
Unjust Enrichment And Countervailing Obligations written by KV Krishnaprasad and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-09 with Law categories.
This book explores the relationship between the English law of unjust enrichment and legal obligations arising from other branches of the law. It examines the question, primarily, by considering how English courts resolve conflicts between restitution claims and countervailing legal entitlements. This is much needed given recent cases such as IEG v Zurich Insurance and Avonwick Holdings Ltd v Azitio Holdings Ltd clearly showing the differing positions taken by English courts on the question. By applying insights from the theory of unjust enrichment to Anglo-Australian case law, this study gives a welcome cogent explanation of a complex question.
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 Goals Of Private Law
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Author : Andrew Robertson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-11-16
The Goals Of Private Law written by Andrew Robertson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-16 with Law categories.
This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.
Property Rights A Re Examination
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Author : J. E Penner
language : en
Publisher: Oxford University Press
Release Date : 2020-02-14
Property Rights A Re Examination written by J. E Penner 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 2020-02-14 with Law categories.
Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and rejects, once again, the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title: the right to immediate, exclusive, possession, the power to license what would otherwise be a trespass, and the power to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld's concept of 'multital' jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner's liberty to use her property and her 'right to exclude', with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.
Remedies For Breach Of Contract
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Author : Solène Rowan
language : en
Publisher:
Release Date : 2012-01-26
Remedies For Breach Of Contract written by Solène Rowan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-26 with Law categories.
Part I: The Specific Enforcement and the Discharge of Primary Obligations 1: Compulsion 2: Termination for Breach of Contract Part II: The Secondary Obligation to Pay Damages 3: Compensation Part III: Enhancing the Protection of the Performance Interest 4: Punishment and Deterrence 5: Agreed Remedies.
Contract Law
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Author : Adam Kramer KC
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-01-02
Contract Law written by Adam Kramer KC and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-02 with Law categories.
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.
A Guide To Global Private International Law
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Author : Paul Beaumont
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-05
A Guide To Global Private International Law written by Paul Beaumont and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-05 with Law categories.
This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike.
The Choice Of Law Contract
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Author : Maria Hook
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-09-22
The Choice Of Law Contract written by Maria Hook and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-22 with Law categories.
This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.
Sanctity Of Contracts In A Secular Age
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Author : Stephen Waddams
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-21
Sanctity Of Contracts In A Secular Age written by Stephen Waddams 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 2019-03-21 with Law categories.
Strict enforcement of unreasonable contracts can produce outrageous consequences. Courts of justice should have the means of avoiding them.