Restitution And Insolvency
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Restitution And Insolvency
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Author : Francis D. Rose
language : en
Publisher: Informa Law from Routledge
Release Date : 2000
Restitution And Insolvency written by Francis D. Rose and has been published by Informa Law from Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
The application of restitution and insolvency law has increased in recent years. Theses two areas of law were discussed at the annual conference of the restitution section of the Society of Public Teachers of Law in Leeds in September 1999. The revised papers are joined here by a variety of papers from other sources and explore a range of topical subjects of common interest to restitution and insolvency from theotrical, comparative and practical perspectives.
Of Proprietary Restitution Insurers Subrogation And Insolvency Set Off The Untenable Case Of Re Ballast
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Author : Look Chan Ho
language : en
Publisher:
Release Date : 2007
Of Proprietary Restitution Insurers Subrogation And Insolvency Set Off The Untenable Case Of Re Ballast written by Look Chan Ho and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
The court in Re Ballast [2006] EWHC 3189 (Ch) rejected the proposition that an insurer via subrogation has a proprietary interest in the insured's cause of action, but its reasoning is strewn with confusion and fails to appreciate the impact of insolvency set-off on the principle of indemnity.All the reasons the court gave in Re Ballast for rejecting proprietary subrogation are in fact compatible with proprietary subrogation.Academic criticisms against proprietary subrogation failed to pay sufficient regard to the principle of indemnity.Lord Templeman's preference in Napier v Hunter [1993] AC 713 for proprietary subrogation is correct and is consistent with plenty of North American case-law.
Law Of Restitution In England And Ireland
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Author : Andrew Tettenborn
language : en
Publisher: Cavendish Publishing
Release Date : 2001-11-23
Law Of Restitution In England And Ireland written by Andrew Tettenborn and has been published by Cavendish Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-11-23 with Law categories.
First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.
The Law Of Restitution
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Author : Andrew S. Burrows
language : en
Publisher: Oxford University Press, USA
Release Date : 2002
The Law Of Restitution written by Andrew S. Burrows and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
Restitution is increasingly covered at undergraduate level in courses on contract, tort, common law and obligations. This book provides comprehensive coverage of the subject, including detailed examination of such areas as subrogation, limitation of actions and conflict of laws.
Restitution And Insolvent Companies
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Author : Ross Grantham
language : en
Publisher:
Release Date : 2000
Restitution And Insolvent Companies written by Ross Grantham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.
Restitution In Bankruptcy
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Author : Hanoch Dagan
language : en
Publisher:
Release Date : 2018
Restitution In Bankruptcy written by Hanoch Dagan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Traditional doctrine allows a restitution claimant to bypass the Bankruptcy Code's system of ratable distribution by asserting a constructive trust over a piece of property in the hands of the debtor if this property was wrongfully obtained from the claimant or if it has a transactional lineage to a piece of property which was tainted in such a way. This role of constructive trust of bankruptcy has recently split the circuit courts and is the subject of a fierce academic debate.This Article studies the claims of the doctrine's detractors as well as its supporters and finds them both lacking. Critics too hastily mock the role of constructive trusts in bankruptcy and are too zealous to banish the doctrine from our legal landscape. They ignore the important normative intuition which propels constructive trusts law, namely the idea that involuntary creditors should not be pooled together with voluntary ones. And yet, the traditional defenses offered for the preferred status given to constructive trusts are also hopelessly unsatisfying because they fail to account for its inconsistency with the entrenched denial of priority to garden-variety tort victims.I conclude that the contemporary debate regarding the status of restitution claimants in bankruptcy presents an opportunity to seriously consider a statutory intervention that applies the normative lesson of the traditional role of constructive trusts in bankruptcy: the idea that involuntary claimants should constitute a preferred class.
Reason And Restitution
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Author : Charlie Webb
language : en
Publisher: Oxford University Press
Release Date : 2016-02-11
Reason And Restitution written by Charlie Webb 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 2016-02-11 with Law categories.
In law, gains, like losses, don't always lie where they fall. The circumstances in which the law requires defendants to give up their gains are well documented in the work of unjust enrichment lawyers. The same cannot be said, however, of the reasons for ordering restitution of such gains. It is often suggested that unjust enrichment's existence can be demonstrated without inquiry into these reasons, into the principles of justice it represents and invokes. Yet while we can indeed show that there exists a body of claims dealing with the recovery of mistaken payments and the like without going on to inquire into their rationale, this isn't true of unjust enrichment's existence as a distinct ground of such claims. If unjust enrichment exists as a body of like cases and claims, truly independent of contract and tort, it does so by virtue of the distinct reasons it identifies and to which these claims respond. Reason and Restitution examines the reasons which support and shape claims in unjust enrichment and how these reasons bear on the law's resolution of these claims. The identity of these reasons matters. For one thing, unjust enrichment's status as a distinct ground of liability depends on the distinctiveness of these reasons. But, more importantly, it matters to those charged with the practical tasks of deciding cases and making laws, for it is these reasons alone which can direct how judges and legislators ought to respond to these claims.
Equity And Administration
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Author : P. G. Turner
language : en
Publisher: Cambridge University Press
Release Date : 2016-05-26
Equity And Administration written by P. G. Turner 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 2016-05-26 with Law categories.
What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Law Of Restitution In England And Ireland
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Author : A. M. Tettenborn
language : en
Publisher: Routledge
Release Date : 1996
Law Of Restitution In England And Ireland written by A. M. Tettenborn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
This work aims to offer an account of the English law of restitution for the benefit of practitioners and students. While at times critical, it concentrates on the actual law and its impact on practical situations. There is a deliberate lack of attempt to create an over-arching or general scheme into which all particular instances of restitution can (or should) be fitted.
The Law Of Restitution
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Author : Robert Goff Baron Goff of Chieveley
language : en
Publisher:
Release Date : 1978
The Law Of Restitution written by Robert Goff Baron Goff of Chieveley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Law categories.
