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Author: Ian McNeil Jackman
Publisher:
ISBN: 9781862872820
Category : Restitution
Languages : en
Pages : 186
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Book Description
The law of restitution is commonly described in terms of a unifying principle of "unjust enrichment at the plaintiffs expense." Jackman challenges that view, revealing that much of the law of restitution does not concern cases where the defendant has been "enriched" or where the plaintiff has suffered "expense." Demonstrating that there are several distinct concepts of "injustice" at stake, he then identifies three fundamentally distinct categories of legal thought in this area: the reversal of non-voluntary transactions; the fulfilment of non-contractual promises; and the protection of the private legal facilities of proprietary rights and fiduciary relationships. In so doing, the author highlights the central and disparate principles of restitution so often masked by the concern for uniformity.
Author: Ian McNeil Jackman
Publisher:
ISBN: 9781862872820
Category : Restitution
Languages : en
Pages : 186
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Book Description
The law of restitution is commonly described in terms of a unifying principle of "unjust enrichment at the plaintiffs expense." Jackman challenges that view, revealing that much of the law of restitution does not concern cases where the defendant has been "enriched" or where the plaintiff has suffered "expense." Demonstrating that there are several distinct concepts of "injustice" at stake, he then identifies three fundamentally distinct categories of legal thought in this area: the reversal of non-voluntary transactions; the fulfilment of non-contractual promises; and the protection of the private legal facilities of proprietary rights and fiduciary relationships. In so doing, the author highlights the central and disparate principles of restitution so often masked by the concern for uniformity.
Author: Ian Jackman
Publisher:
ISBN: 9781760021320
Category : Replevin
Languages : en
Pages : 226
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Book Description
Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary payments (by mistake, duress, undue influence, unconscionable dealing and total failure of consideration); (ii) remuneration for goods or services requested by the defendant in circumstances indicating a promise to pay for them; and (iii) the protection of certain facilitative institutions of private law (such as private property and fiduciary relationships). The book staunchly defends the traditional common law approach of analysing legal principles by the empirical method of treating like cases alike, rather than by derivation from supposedly unifying theories. This edition updates the first edition, which was published in 1998, in the light of almost 20 years of case-law and academic debate. It also adds a separate chapter dealing with the history of the law of restitution and why it matters.
Author: William G. Doerner
Publisher: Routledge
ISBN: 1437735118
Category : Social Science
Languages : en
Pages : 490
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Book Description
This breakthrough work provides an organizing structure for the history and current state of the field of victimology, and outlines the reasons compelling a separate focus on crime victims. Highly readable, Victimology explores the role of victimology in today’s criminal justice system, examining the consequences of victimization and the various remedies now available for victims. In addition to adding the latest developments in victimology, the authors have included a new chapter on property victimization, and have enhanced and expanded the chapter on personal victimization. The text is supplemented by learning tools including chapter-by-chapter learning objectives, key terms, illustrative figures and tables, and a listing of related Internet sites. * The text provides a comprehensive overview of the origins and scope of victimology, with detailed chapters on specific types of victimization * The authors offer analysis of policy decisions and historical events, with an eye toward future developments in the field * A key chapter highlights the important global impact of restorative justice on responding to the plight of victims * The ever-changing dynamics of contemporary work and school victimization are dissected with special attention to causes and societal responses * The text is supplemented by learning tools including chapter-by-chapter learning objectives, key terms, illustrative figures and tables, and listings of related Internet sites
Author: Jason W Neyers
Publisher: Bloomsbury Publishing
ISBN: 1847316905
Category : Law
Languages : en
Pages : 347
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Book Description
This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.
Author: C.E.F. Rickett
Publisher: Bloomsbury Publishing
ISBN: 184731709X
Category : Law
Languages : en
Pages : 325
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Book Description
Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example. Contributors Kit Barker Michael Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter Watts Ernest Weinrib Eric Descheemaeker
Author: Peter Birks
Publisher: Victoria University Press
ISBN: 9780864734303
Category : Law
Languages : en
Pages : 164
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Book Description
Six public lectures given by Peter Birks when he was the Centennial Visiting Fellow at the Victoria University of Wellington Law School in August and September 1999.
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: Joe Hudson
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 276
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Book Description
Author: Rebecca Williams
Publisher: Bloomsbury Publishing
ISBN: 1847317480
Category : Law
Languages : en
Pages : 253
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Book Description
This book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, [2013] EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another [2012] UKSC 19
Author: Claus Offe
Publisher: MIT Press
ISBN: 9780262650489
Category : Philosophy
Languages : en
Pages : 268
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Book Description
The nine essays in this volume explore such topics as the characteristics and shortcomings of state socialist societies and of democratic capitalism, the role of ethnic politics in East European transitions, issues of retribution and restitution in the transition to a democratic society based on a private economy, and the effects the collapse of Communism have had on Western democracies and on the Left in particular.
