Author:
Publisher: Brill Archive
ISBN:
Category :
Languages : en
Pages : 188
Book Description
Restituition Unjust Enrichment and Negotiorum Gestio
Author:
Publisher: Brill Archive
ISBN:
Category :
Languages : en
Pages : 188
Book Description
Publisher: Brill Archive
ISBN:
Category :
Languages : en
Pages : 188
Book Description
The Law and Ethics of Restitution
Author: Ḥanokh Dagan
Publisher: Cambridge University Press
ISBN: 9780521829045
Category : Business & Economics
Languages : en
Pages : 402
Book Description
This 2004 book provides acomprehensive account of the American law of restitution.
Publisher: Cambridge University Press
ISBN: 9780521829045
Category : Business & Economics
Languages : en
Pages : 402
Book Description
This 2004 book provides acomprehensive account of the American law of restitution.
Comparative Law of Obligations
Author: Vicente, Dário M.
Publisher: Edward Elgar Publishing
ISBN: 1789905818
Category : Law
Languages : en
Pages : 496
Book Description
This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.
Publisher: Edward Elgar Publishing
ISBN: 1789905818
Category : Law
Languages : en
Pages : 496
Book Description
This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.
Unjust Enrichment
Author: John P. Dawson
Publisher:
ISBN:
Category : Unjust enrichment
Languages : en
Pages :
Book Description
Publisher:
ISBN:
Category : Unjust enrichment
Languages : en
Pages :
Book Description
The German Law of Unjustified Enrichment and Restitution
Author: Gerhard Dannemann
Publisher: Oxford University Press, USA
ISBN: 0199533113
Category : Language Arts & Disciplines
Languages : en
Pages : 349
Book Description
Unjustified enrichment and restitution in German law. -- The wider comparative perspectives. -- Cases and statutes.
Publisher: Oxford University Press, USA
ISBN: 0199533113
Category : Language Arts & Disciplines
Languages : en
Pages : 349
Book Description
Unjustified enrichment and restitution in German law. -- The wider comparative perspectives. -- Cases and statutes.
The Law of Restitution
Author: George E. Palmer
Publisher:
ISBN:
Category : Restitution
Languages : en
Pages : 748
Book Description
Publisher:
ISBN:
Category : Restitution
Languages : en
Pages : 748
Book Description
The Death of the Irreparable Injury Rule
Author: Douglas Laycock
Publisher: Oxford University Press, USA
ISBN: 0195063562
Category : Equitable remedies
Languages : en
Pages : 375
Book Description
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
Publisher: Oxford University Press, USA
ISBN: 0195063562
Category : Equitable remedies
Languages : en
Pages : 375
Book Description
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
Disgorgement of Profits
Author: Ewoud Hondius
Publisher: Springer
ISBN: 3319187597
Category : Law
Languages : en
Pages : 517
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.
Publisher: Springer
ISBN: 3319187597
Category : Law
Languages : en
Pages : 517
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.
Clarkson & Hill's Conflict of Laws
Author: Jonathan Hill
Publisher: Oxford University Press
ISBN: 0198732295
Category : Law
Languages : en
Pages : 593
Book Description
Clarkson & Hill's Conflict of Laws provides a detailed account of the topics taught on private international law courses, reflecting the profound changes that the subject has undergone in recent years. Focusing on key principles in an engaging and approachable style, this text is key reading for private international law students.
Publisher: Oxford University Press
ISBN: 0198732295
Category : Law
Languages : en
Pages : 593
Book Description
Clarkson & Hill's Conflict of Laws provides a detailed account of the topics taught on private international law courses, reflecting the profound changes that the subject has undergone in recent years. Focusing on key principles in an engaging and approachable style, this text is key reading for private international law students.
Unjust Enrichment
Author: Peter Birks
Publisher: OUP Oxford
ISBN: 0191018856
Category : Law
Languages : en
Pages : 1148
Book Description
This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.
Publisher: OUP Oxford
ISBN: 0191018856
Category : Law
Languages : en
Pages : 1148
Book Description
This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.