Restitution Past Present And Future
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Restitution Past Present And Future
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Author : William Cornish
language : en
Publisher: Hart Publishing
Release Date : 1998-06-19
Restitution Past Present And Future written by William Cornish and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-06-19 with Law categories.
The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of the Law of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring. In these essays, written by a group of the world's leading restitution scholars, the opportunity is taken to conduct a fresh appraisal of the development of the subject - to look, in other words, at the past, present, and future of the law of restitution. Contributors: John Baker, Peter Birks, Justice Finn, Roy Goode, Ewan McKendrick, Justice McLachlin, Sir Peter Millett, Lord Nicholls of Birkenhead, Richard Nolan, Janet O'Sullivan, Graham Virgo (as well as shorter contributions from invited commentators).
Restitution Past Present And Future
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Author :
language : en
Publisher:
Release Date : 1998
Restitution Past Present And Future written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Restitution categories.
The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of & emLaw of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring. In these e.
Restitution Pasr Present Future Essays In Honour Of Gareth
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Author : William Rodolph Cornish
language : en
Publisher:
Release Date : 1998
Restitution Pasr Present Future Essays In Honour Of Gareth written by William Rodolph Cornish and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with categories.
Australian Restitution Law
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Author : Sharon Erbacher
language : en
Publisher: Routledge
Release Date : 2012-09-10
Australian Restitution Law written by Sharon Erbacher and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with Law categories.
This book is the first casebook on restitution law to be published in Australia. It contains comprehensive extracts from the most significant Australian and English cases, together with some Canadian cases which indicate the possible direction which Australian law will take. The author has included substantial commentaries following the extracts, in order to further explain the decisions from overseas jurisdictions, to place those decisions in an Australian context. In the last decade, there has been a significant number of Australian decisions which deal with important concepts in restitution, and which supplement, qualify or refine the English law of restitution. The focus in this book on the Australian position makes it an invaluable resource for anyone who is studying or researching restitution law in Australia.
The Principles Of The Law Of Restitution
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Author : Graham Virgo
language : en
Publisher: OUP Oxford
Release Date : 2015-08-13
The Principles Of The Law Of Restitution written by Graham Virgo and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-13 with Law categories.
The third edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. It has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject. Following important decisions of the Supreme Court and other courts, large-scale changes have been made to the chapters on enrichment, at the expense of the claimant, mistake, claims against public authorities, and change of position. Additionally, this edition contains a new chapter on the operation of juridical bars on restitutionary claims. References to developments in other jurisdictions have been expanded for this edition, reflecting the significance of these changes and how they assist in the interpretation of English law and provide a basis for criticising that law. Further, in the light of leading cases and the contributions of restitutionary scholars around the world, the author's views on specific controversial debates about the ambit, function, and interpretation of the subject have changed, sometimes radically. One significant aspect of the book remains unchanged: the book continues to focus on the identification and analysis of the principles which underpin the law of restitution as a whole, but with reference to its three distinct parts: unjust enrichment, restitution for wrongs, and the vindication of property rights. This approach provides the reader with a peerless guide to the law of restitution.
The Law And Ethics Of Restitution
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Author : Ḥanokh Dagan
language : en
Publisher: Cambridge University Press
Release Date : 2004-08-12
The Law And Ethics Of Restitution written by Ḥanokh Dagan 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 2004-08-12 with Business & Economics categories.
This 2004 book provides acomprehensive account of the American law of restitution.
Breach Of Trust
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Author : Peter Birks
language : en
Publisher: Hart Publishing
Release Date : 2002-07-05
Breach Of Trust written by Peter Birks and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-07-05 with Law categories.
Recent leading cases have demonstrated the urgent need to modernize the learning on breach of trust. This book, written by a team of leading trust lawyers from a number of common law jurisdictions, investigates all the principal aspects of the subject.
Enrichment In The Law Of Unjust Enrichment And Restitution
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Author : Andrew Lodder
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-07-06
Enrichment In The Law Of Unjust Enrichment And Restitution written by Andrew Lodder and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-06 with Law categories.
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.
The Foundations Of Restitution For Wrongs
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Author : Francesco Giglio
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-03-06
The Foundations Of Restitution For Wrongs written by Francesco Giglio and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-06 with Law categories.
'Restitution for wrongs', or 'restitutionary damages', is the judicial award which compels the wrongdoer to give up to the victim the benefit obtained through the perpetration of the wrong, independently of any loss suffered by the victim. The establishment of a civil trial in Roman law, which left compensation as the main response, and a widespread, loss-centred interpretation of the Aristotelian theory of corrective justice explain, but do not justify the difficulties encountered by modern attempts to account for restitutionary damages. Mistakes in the classification of this institution have complicated the picture. To overcome some of these problems, this study considers the basic structure of restitutionary damages from different angles. In part one, the topic is analysed from a comparative perspective. Although the focus remains on English law, the German, the Italian and the Roman jurisdictions provide research data which, in part two, support the development of a theory of restitution for wrongs as corrective justice.
The Nature And Scope Of Restitution
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Author : Peter Jaffey
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-09-16
The Nature And Scope Of Restitution written by Peter Jaffey and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-09-16 with Law categories.
Joint Winner of the 2001 SPTL Prize for Outstanding Legal Scholarship! In recent years there has been enormous interest in the law of restitution,with many new books and academic articles and a number of important decisions in the courts. However, there remains great controversy and some confusion, partly for historical reasons and partly as a result of continuing differences over the principles underlying the field. There are particular difficulties over the relation of the law of restitution to other areas of law, including contract and property law. In this new and innovative work the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in light of it. As part of his analysis, the author suggests new approaches to understanding the areas of overlap between restitution, contract, trusts and property law.