Restitution and Equity Volume 1: Resulting Trusts and Equitable Compensation, Birks, Peter

Автор: Alan Bogg, Sarah Green
Название: Illegality after Patel v Mirza
ISBN: 1509943595 ISBN-13(EAN): 9781509943593
Издательство: Bloomsbury Academic
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Цена: 58070.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.

Автор: Peter Devonshire, Rohan Havelock
Название: The Impact of Equity and Restitution in Commerce
ISBN: 1509944931 ISBN-13(EAN): 9781509944934
Издательство: Bloomsbury Academic
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Цена: 47510.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

Автор: Sarah Worthington, Andrew Robertson, Graham Virgo
Название: Revolution and Evolution in Private Law
ISBN: 1509938230 ISBN-13(EAN): 9781509938230
Издательство: Bloomsbury Academic
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Цена: 47510.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution - which is subject to major change-inducing pressures, such as the death of the dinosaurs - would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law.

The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes.

The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.

Автор: Sarah Green, Alan Bogg
Название: Illegality after Patel v Mirza
ISBN: 1509912770 ISBN-13(EAN): 9781509912773
Издательство: Bloomsbury Academic
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Цена: 126720.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:

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.

Автор: Peter Devonshire, Rohan Havelock
Название: The Impact of Equity and Restitution in Commerce
ISBN: 1509915648 ISBN-13(EAN): 9781509915644
Издательство: Bloomsbury Academic
Рейтинг:
Цена: 105600.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

Автор: Worthington Sarah
Название: Revolution and Evolution in Private Law
ISBN: 1509913246 ISBN-13(EAN): 9781509913244
Издательство: Bloomsbury Academic
Рейтинг:
Цена: 126720.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution-death of the dinosaurs or development of flight-would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of the common law. The authors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment, and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future. Subject: Private Law, Contract Law, Tort Law, Equity & Trusts, Comparative Law, Property Law, Common Law]

Название: Constructive and Resulting Trusts
ISBN: 1841139270 ISBN-13(EAN): 9781841139272
Издательство: Hart Publishing
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Цена: 147840.00 T
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Описание: This book sheds new light on various aspects of the law governing constructive and resulting trusts.

Автор: Simone Degeling, Jason NE Varuhas
Название: Equitable Compensation and Disgorgement of Profit
ISBN: 1509901450 ISBN-13(EAN): 9781509901456
Издательство: Bloomsbury Academic
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Цена: 126720.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection of essays interrogates signifi cant issues at the forefront of scholarship and legal practice in the fi eld of money remedies in equity. Chapters address the contentious and developing fi eld of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profi t, and specifi cally the theoretical basis of that remedy, its application in the context of fi duciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief. In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world .

Автор: Simone Degeling, Jason NE Varuhas
Название: Equitable Compensation and Disgorgement of Profit
ISBN: 1509931279 ISBN-13(EAN): 9781509931279
Издательство: Bloomsbury Academic
Рейтинг:
Цена: 47510.00 T
Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profit, and specifically the theoretical basis of that remedy, its application in the context of fiduciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief. In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world.