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Author: Jason W. Neyers
Publisher: Hart Publishing
ISBN: 1841134236
Category : Law
Languages : en
Pages : 430
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Book Description
The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.
Author: Jason W. Neyers
Publisher: Hart Publishing
ISBN: 1841134236
Category : Law
Languages : en
Pages : 430
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Book Description
The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.
Author: Charles Mitchell
Publisher: Bloomsbury Publishing
ISBN: 1847316956
Category : Law
Languages : en
Pages : 271
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Book Description
It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.
Author: Andrew Burrows
Publisher:
ISBN: 0198746237
Category : Law
Languages : en
Pages : 481
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Book Description
Principles of the English Law of Obligations provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include contract, tort and equitable wrongs, unjust enrichment, and remedies. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of the English law of obligations, including contract and tort, which are compulsory subjects for law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.
Author: Wolfgang Faber
Publisher: Walter de Gruyter
ISBN: 3866537034
Category : Law
Languages : en
Pages : 641
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Book Description
This is the second volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series is planned to cover 27 European legal systems, distributed over six volumes. Starting with general property law issues like the concepts of ownership and possession employed in the different legal systems, and the means by which they are protected, the reports primarily focus on the “derivative” transfer of ownership, but their scope extends to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports, prepared by national property law experts, provide the reader with detailed information about the rules, case law and legal literature in the jurisdictions concerned. They serve as a starting point for further comparative research in property law and also as a tool for practitioners searching for information on foreign legal systems.
Author: Andrew S. Burrows
Publisher: Oxford University Press
ISBN: 0199296529
Category : Law
Languages : en
Pages : 789
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Book Description
This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.
Author: Simone Degeling
Publisher: Cambridge University Press
ISBN: 1139435590
Category : Law
Languages : en
Pages : 316
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Book Description
Rights and obligations can arise, amongst other things, in tort or in unjust enrichment. Simone Degeling deals with the phenomenon whereby a stranger to litigation is entitled to participate in the fruits of that litigation. Two prominent examples of this phenomenon are the carer, entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, entitled to participate in the fruits of the insured's claim against the wrongdoer. Degeling demonstrates that both are rights raised to reverse unjust enrichment. Careful examination of these two categories reveals the existence of a novel policy-motivated unjust factor called the policy against accumulation. Degeling argues that this is an unjust factor of broad application, applying to configurations other than that of the carer and the indemnity insurer. This will interest restitution and tort lawyers, both academic and practitioner, as well as academic institutions and court libraries.
Author: Steven Elliott KC
Publisher: A&C Black
ISBN: 1782251227
Category : Law
Languages : en
Pages : 712
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Book Description
Since the decision of the House of Lords in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70, the law governing claims for restitution of overpaid tax has experienced rapid and profound evolution. This has been so not only in England, but also elsewhere in the common law world as well as on the European plane. The essays in this collection consider the new landscape, and explore from various doctrinal and national perspectives the issues that have confronted, and continue to confront, the courts.
Author: Apostolos G. Chronopoulos
Publisher: Edward Elgar Publishing
ISBN: 1035335980
Category : Law
Languages : en
Pages : 385
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Book Description
Apostolos G. Chronopoulos addresses the doctrinal contentions surrounding the doctrine of misappropriation while offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.
Author: Ewoud Hondius
Publisher: Springer
ISBN: 3319187597
Category : Law
Languages : en
Pages : 517
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Book Description
Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.
Author: Michael Rush
Publisher: Bloomsbury Publishing
ISBN: 1847312705
Category : Law
Languages : en
Pages : 290
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Book Description
The identity and existence of a loss-based defence in the law of unjust enrichment is disputed. Widely known as 'passing on', but better identified as 'disimpoverishment', this defence has generated confusion and disagreement across and within England, Australia, Canada and the United States of America. This book seeks to address these problems in three ways. First, by providing a solution to the defence's terminological problems and presenting a coherent picture of the current state of the law. Secondly, by examining whether a defendant's unjust enrichment can be said to have come 'at the expense of' a claimant when a third party has borne the cost of that enrichment. Put another way, whether awards of restitution are, or should be, restricted by the value of a claimant's loss. And finally, by analyzing the reasons in favour of accepting or rejecting a loss-based defence in the law of unjust enrichment. Numerous scholarly textbooks and law journals have devoted space to these issues. This work, however, has tended to focus narrowly on either particular cases or sets of issues. This book seeks to address this deficiency by collating, and providing total coverage of, the controversies and questions pertaining to a loss-based defence in the law of unjust enrichment.This work will be essential reading for anyone interested in the law of restitution, and in its relationship with other areas of private law.
