The Illegality Defence
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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.
The Illegality Defence In Tort
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Author : Great Britain. Law Commission
language : en
Publisher:
Release Date : 2001
The Illegality Defence In Tort written by Great Britain. Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Actions and defenses categories.
This paper reviews the doctrine of illegality as it currently affects claims in tort in England and Wales. It then looks at how the doctrine has operated in a number of other jurisdictions. After reappraising policies that lie behind the doctrine it concludes that reform is necessary for reasons of clarity and consistency and to rectify existing problems. The provisional proposals for reform that are then laid out consist of the introduction of a structured statutory discretion.
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.
Negligence And Illegality
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Author : Sharon Erbacher
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-01-26
Negligence And Illegality written by Sharon Erbacher and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-26 with Law categories.
This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.
Defences In Unjust Enrichment
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Author : Andrew Dyson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-01-14
Defences In Unjust Enrichment written by Andrew Dyson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-14 with Law categories.
This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.
Defences In Tort
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Author : Andrew Dyson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-02-26
Defences In Tort written by Andrew Dyson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-26 with Law categories.
This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.
Illegal Transactions
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Author : Nelson Enonchong
language : en
Publisher: Taylor & Francis
Release Date : 2021-10-28
Illegal Transactions written by Nelson Enonchong and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-28 with Law categories.
Concerned with the area of illegal transactions, this text addresses practical issues, for example: who can raise the issue of illegality?; must illegality be pleaded? And when can a party recover money or property transferred pursuant to an illegal transaction? Divided into three main sections the text: deals with illegality as a defence to claims in various departments of the civil law; and examines the forfeiture rule as a tool which one party could compel another to disgorge profits which the other has acquired or would otherwise acquire from his illegal conduct. The third section of the text discusses the circumstances when, by way of exception, the court will enforce the claim of a person even though that person has been guilty of an illegality. Overall the text provides an account of the illegalities in civil law and a critical analysis of the current rules, with suggestions for reform.
Illegality In Marine Insurance Law
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Author : Feng Wang
language : en
Publisher:
Release Date : 2017
Illegality In Marine Insurance Law written by Feng Wang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Illegal contracts categories.
4.6.1 The differences between contract law and tort law when dealing with the illegality defence
Damages Injunctive Relief And Other Remedies In Tort And Free Speech Cases
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Author : Russell L. Weaver
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2023-11-21
Damages Injunctive Relief And Other Remedies In Tort And Free Speech Cases written by Russell L. Weaver and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-21 with Law categories.
This book examines a variety of important issues that arise in tort and free speech cases, including asset freezing orders, non-pecuniary damages in financial services cases, the illegality defense in restitution cases, contributory negligence and the avoidable loss rule, whether robotic speech should be protected like other speech, fact-checking remedies and disinformation, the right of reply in media regulation, the right to be secure and free speech, and social media platform censorship.
Cases And Materials On The Law Of Torts
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Author : Robert M. Solomon
language : en
Publisher:
Release Date : 2019
Cases And Materials On The Law Of Torts written by Robert M. Solomon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Torts categories.
"This highly regarded casebook provides a detailed examination of every major area of Canadian tort law. For each topic there are clear explanatory introductions, concise extracts of key judicial decisions and statutes, editorial discussions, detailed notes, questions and references to the literature, and review problems. The tenth edition of Cases and Materials on the Law of Torts retains the qualities and features of the previous edition and has added: recent Supreme Court of Canada decisions on negligent misrepresentation, reasonable foreseeability, and recovery for psychiatric harm. New sections on the nature of damage in negligence, and losses beyond the scope of the risk. Updated analysis of waivers and exclusion clauses, defamation cases decided pursuant to anti-SLAPP legislation, the conversion of cheques, cyber-bullying and the non-consensual recording and distribution of intimate images. Updated discussion of the use of deadly force in defence of property, the use of drones in the context of privacy and trespass to airspace, the illegality defence, nuisance, conspiracy, the unlawful means tort, and Charter damages. New review problems and updates notes that include many recentcases and articles."--Quatrième de couverture.