The Principle of Restitutio in Integrum in the Law of Contract Damages PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Principle of Restitutio in Integrum in the Law of Contract Damages PDF full book. Access full book title The Principle of Restitutio in Integrum in the Law of Contract Damages by Justin Orsborn. Download full books in PDF and EPUB format.
Author: Justin Orsborn
Publisher:
ISBN:
Category : Breach of contract
Languages : en
Pages : 172
Get Book Here
Book Description
Author: Justin Orsborn
Publisher:
ISBN:
Category : Breach of contract
Languages : en
Pages : 172
Get Book Here
Book Description
Author: Lionel Smith
Publisher: Routledge
ISBN: 1000113949
Category : Social Science
Languages : en
Pages : 590
Get Book Here
Book Description
This title was first published in 2001. In the Western legal tradition, the history of restitution for unjust enrichment reaches back to pre-classical Roman law. In common law, the roots of unjust enrichment may be said to lie in the fourteenth century; but its history as a subject of academic study is much shorter. The law of restitution has become increasingly important in the courts of the common law world during the last decade. This has generated a great deal of scholarly attention and there has been an explosion of literature as legal academics have addressed the theoretical foundations of the subject, its structure and its underlying principles.
Author: Jose M. Alcantara
Publisher:
ISBN:
Category : Damages
Languages : en
Pages :
Get Book Here
Book Description
Author: Peter Jaffey
Publisher: Bloomsbury Publishing
ISBN: 1847311466
Category : Law
Languages : en
Pages : 474
Get Book Here
Book Description
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.
Author: Graham Virgo
Publisher: Clarendon Press
ISBN: 9780198763772
Category : Law
Languages : en
Pages : 892
Get Book Here
Book Description
This new textbook outlines the general principles of the rapidly developing subject of the Law of Restitution. Restitution is concerned with the reversing of unjust enrichment and was recently recognized as a discrete body of law by the House of Lords although restitutionary principles have in fact been evolving for over 200 years. Rather than taking the traditional approach which assumes that restitutionary remedies will be awarded against a defendant only where it can be shown that the defendant has been unjustly enriched at the expense of the plaintiff.The book asserts that the law of restitution is simply concerned with the question of when restitutionary remedies may be awarded, that is remedies which are assessed by reference to a benefit obtained by the defendant. But in determining whether restitutionary remedies are available it is necessary to identify the causes of the action which triggers them. There are three such causes of action, namely the reversal of the defendants unjust enrichment, the commission of a wrong by the defendant, and the vindication of the defendants property rights. The state of the law is examined through analyses of the statutory provisions and key cases demonstrating the way the law is used to resolve a wide variety of legal problems. The very different views of academics as to the nature and ambit of the subject are also identified. This book will be invaluable to students on restitution courses at every level.
Author: Charles Bruce Morison
Publisher:
ISBN:
Category : Rescission (Law)
Languages : en
Pages : 312
Get Book Here
Book Description
Author: Francesco Giglio
Publisher: Bloomsbury Publishing
ISBN: 1847313531
Category : Law
Languages : en
Pages : 262
Get Book Here
Book Description
'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.
Author: George E. Palmer
Publisher: Aspen Publishers
ISBN: 9781567065374
Category : Law
Languages : en
Pages : 2764
Get Book Here
Book Description
Restitution, a vital means of redress in unjust enrichment cases, is a fundamental legal principle manifested explicitly in contract, tort, and much of the common law. Now, offering insightful analysis of principles and practical, expert advice about available remedies in a wide range of actions, The Law of Restitution gives you powerful strategies for cases involving such elements or allegations as: Withdrawal of professional services -- Disputes between contractors and subcontractors -- Void leases -- Foreclosure -- Fraudulent bank conduct -- Securities fraud -- Copyright, patent, or trade secret infringement -- Breach of advertising, consulting, or franchise contracts -- Unjust enrichment of third-party beneficiaries. The Law of Restitution shows how important restitution is in many contract situations, sometimes as an alternative or supplement to damages, sometimes as the only choice for obtaining relief. You'll find representative cases and pleadings in abundance, to help you plan your client's position and strategy.
Author: Andrew S. Burrows
Publisher:
ISBN: 0199296510
Category : Law
Languages : en
Pages : 1101
Get Book Here
Book Description
Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.
Author: Roger Halson
Publisher: Edward Elgar Publishing
ISBN: 1786431270
Category : Law
Languages : en
Pages : 544
Get Book Here
Book Description
p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.
