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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.
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.
Author: Magnus Strand
Publisher: Edward Elgar Publishing
ISBN: 1803922486
Category : Law
Languages : en
Pages : 512
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Book Description
‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.
Author: Olga Degtyareva
Publisher: Routledge
ISBN: 1000475999
Category : Education
Languages : en
Pages : 132
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Book Description
This book is a toolbox for PhD students to plan and prepare for the PhD defence regardless of their scientific discipline or location. The authors discuss various defence formats that are used internationally and identify the main differences and similarities. With international examples, practical strategies, and tips from former PhD students and supervisors, this book unpacks the principles and unwritten rules underpinning the defence. Addressing planning and preparing for the doctoral defence, and what to do afterwards, this book covers topics such as: understanding your defence format preparing for committee questions preparing mentally and dealing with anxiety dealing with corrections, finalizing your graduation requirements and marking the end of your PhD trajectory. This book is crucial reading for students across the world looking to defend their PhD thesis, and also for their supervisors and examiners. The 'Insider Guides to Success in Academia' offers support and practical advice to doctoral students and early-career researchers. Covering the topics that really matter, but which often get overlooked, this indispensable series provides practical and realistic guidance to address many of the needs and challenges of trying to operate, and remain, in academia. These neat pocket guides fill specific and significant gaps in current literature. Each book offers insider perspectives on the often implicit rules of the game -- the things you need to know but usually aren't told by institutional postgraduate support, researcher development units, or supervisors -- and will address a practical topic that is key to career progression. They are essential reading for doctoral students, early-career researchers, supervisors, mentors, or anyone looking to launch or maintain their career in academia.
Author:
Publisher:
ISBN:
Category : Field hockey
Languages : en
Pages : 450
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Book Description
Author: Australia
Publisher:
ISBN:
Category : Session laws
Languages : en
Pages : 140
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Book Description
Author: Olga Degtyareva
Publisher: Routledge
ISBN: 9780429347900
Category : Education
Languages : en
Pages : 200
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Book Description
"This book is a toolbox for PhD students to plan and prepare for the PhD defence regardless of their scientific discipline or location. The authors discuss various defence formats that are used internationally and identify the main differences and similarities. With international examples, practical strategies, and tips from former PhD students and supervisors, this book unpacks the principles and unwritten rules underpinning the defence. Addressing planning and preparing for the doctoral defence, and what to do afterwards, this book covers topics such as: understanding your defence format preparing for committee questions preparing mentally and dealing with anxiety dealing with corrections, finalizing your graduation requirements and marking the end of your PhD trajectory. This book is crucial reading for students across the world looking to defend their PhD thesis, and also for their supervisors and examiners"--
Author: Constance M. K. Applebee
Publisher:
ISBN:
Category : Athletics
Languages : en
Pages : 580
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Book Description
![The Law Times Reports of Cases Decided in the House of Lords, the Privy Council, the Court of Appeal ... [new Series]. PDF](https://books.google.com/books/content/images/frontcover/Gx5HAQAAMAAJ?fife=w80-h100)
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 964
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Book Description
Author: Antonio Coco
Publisher: Oxford University Press
ISBN: 0192895745
Category :
Languages : en
Pages : 305
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Book Description
The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.
Author: Leslie Frederic Scott
Publisher:
ISBN:
Category : Compensation (Law)
Languages : en
Pages : 340
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Book Description
