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Author: Great Britain. Law Commission
Publisher: The Stationery Office
ISBN: 9780118404617
Category : Law
Languages : en
Pages : 174
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Book Description
This Consultation Paper gives provisional recommendations on whether a claimant who has been involved in illegal conduct should be entitled to enforce a claim in contract, unjust enrichment, trusts and tort. It follows earlier consultation papers on illegality in contacts and trusts (LCCP 154, 1999, 9780117302396) and the illegality defence in tort (LCCP 160, 2001, ISBN 9780117302457). How should the law respond if a claimant has been involved in some form of illegal conduct? Should this prevent the claimant winning his or her claim? It is difficult to set out hard and fast rules as the illegality defence may be used against claimants in such a wide variety of contexts. The courts have attempted to lay down a series of rules to apply in different circumstances. The result is a body of law which is uncertain and sometimes arbitrary, occasionally producing results which may appear unduly harsh or not harsh enough. The Commission believes that, in most areas of the law, it is up to the courts to develop clear, fair law, based on a set of policy rationales. Judges should base their decisions directly on the policies that underlie the illegality defence and explain their reasoning accordingly. The Commission makes proposals on what those policies should be. There is one area in which the Commission does not think that judicial clarification is possible: where a trust has been set up to hide true ownership for criminal purposes. The Commission feels that statutory reform is needed here, and is in the process of preparing a draft Bill which will be presented with the final report later this year.
Author: Great Britain. Law Commission
Publisher: The Stationery Office
ISBN: 9780118404617
Category : Law
Languages : en
Pages : 174
Get Book Here
Book Description
This Consultation Paper gives provisional recommendations on whether a claimant who has been involved in illegal conduct should be entitled to enforce a claim in contract, unjust enrichment, trusts and tort. It follows earlier consultation papers on illegality in contacts and trusts (LCCP 154, 1999, 9780117302396) and the illegality defence in tort (LCCP 160, 2001, ISBN 9780117302457). How should the law respond if a claimant has been involved in some form of illegal conduct? Should this prevent the claimant winning his or her claim? It is difficult to set out hard and fast rules as the illegality defence may be used against claimants in such a wide variety of contexts. The courts have attempted to lay down a series of rules to apply in different circumstances. The result is a body of law which is uncertain and sometimes arbitrary, occasionally producing results which may appear unduly harsh or not harsh enough. The Commission believes that, in most areas of the law, it is up to the courts to develop clear, fair law, based on a set of policy rationales. Judges should base their decisions directly on the policies that underlie the illegality defence and explain their reasoning accordingly. The Commission makes proposals on what those policies should be. There is one area in which the Commission does not think that judicial clarification is possible: where a trust has been set up to hide true ownership for criminal purposes. The Commission feels that statutory reform is needed here, and is in the process of preparing a draft Bill which will be presented with the final report later this year.
Author: Matthew Dyson
Publisher: Cambridge University Press
ISBN: 1139993356
Category : Law
Languages : en
Pages : 465
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Book Description
Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.
Author: Nelson Enonchong
Publisher: Taylor & Francis
ISBN: 1000341615
Category : Law
Languages : en
Pages : 373
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Book Description
Concerned with the area of illegal transactions, this text addresses practical issues, for example: who can raise the issue of illegality?; must illegality be pleaded? And when can a party recover money or property transferred pursuant to an illegal transaction? Divided into three main sections the text: deals with illegality as a defence to claims in various departments of the civil law; and examines the forfeiture rule as a tool which one party could compel another to disgorge profits which the other has acquired or would otherwise acquire from his illegal conduct. The third section of the text discusses the circumstances when, by way of exception, the court will enforce the claim of a person even though that person has been guilty of an illegality. Overall the text provides an account of the illegalities in civil law and a critical analysis of the current rules, with suggestions for reform.
Author: Yoram Dinstein
Publisher: Cambridge University Press
ISBN: 1139503170
Category : Law
Languages : en
Pages : 409
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Book Description
Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.
Author: Sarah Green
Publisher: Bloomsbury Publishing
ISBN: 1509912770
Category : Law
Languages : en
Pages : 407
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Book Description
"These essays on the Supreme Court's decision in Patel v Mirza (2016), which has revolutionised the law on illegality by replacing the previous "rule-based" approach by a "factors-based" one, were first presented at a conference in May 2017."
Author: E. Aspinall
Publisher: BRILL
ISBN: 9004253688
Category : History
Languages : en
Pages : 340
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Book Description
The popular 1998 reformasi movement that brought down President Suharto’s regime demanded an end to illegal practices by state officials, from human rights abuse to nepotistic investments. Yet today, such practices have proven more resistant to reform than people had hoped. Many have said corruption in Indonesia is "entrenched". We argue it is precisely this entrenched character that requires attention. What is state illegality entrenched in and how does it become entrenched? This involves studying actual cases. Our observations led us to rethink fundamental ideas about the nature of the state in Indonesia, especially regarding its socially embedded character. We conclude that illegal practices by state officials are not just aberrations to the state, they are the state. Almost invariably, illegality occurs as part of collective, patterned, organized and collaborative acts, linked to the competition for political power and access to state resources. While obviously excluding many without connections, corrupt behaviour also plays integrative and stabilizing functions. Especially at the lower end of the social ladder, it gets a lot of things done and is often considered legitimate. This book may be read as a defence of area studies approaches. Without the insights that grew from applying our area studies skills, we would still be constrained by highly stylised notions of the state, which bear little resemblance to the state’s actual workings. The struggle against corruption is a long-term political process. Instead of trying to depoliticize it, we believe the key to progress is greater popular participation. With contributions from Simon Butt, Robert Cribb, Howard Dick, Michele Ford, Jun Honna, Tim Lindsey, Lenore Lyons, John McCarthy, Ross McLeod, Marcus Mietzner, Jeremy Mulholland, Gerben Nooteboom, J Danang Widoyoko and Ian Wilson. This book is the result of a series of workshops supported, among others, by the Australian-Netherlands Research Collaboration (ANRC).
Author: Andrew Dyson
Publisher: Bloomsbury Publishing
ISBN: 1782255427
Category : Law
Languages : en
Pages : 378
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Book Description
This book is the first in a series of essay collections on defences in private law. It addresses defences to liability arising in tort. The essays range from those adopting a primarily doctrinal approach to others that examine the law from a more theoretical or historical perspective. Some essays focus on individual defences, while some are concerned with the links between defences, or with how defences relate to the structure of tort law as a whole. A number of the essays also draw upon concepts and literature that have been developed mainly in relation to the criminal law, and consider their application to tort law. The essays make several original contributions to this complex, important but neglected field of academic enquiry.
Author: Martin Jarrett
Publisher: Cambridge University Press
ISBN: 110848140X
Category : Law
Languages : en
Pages : 207
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Book Description
Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.
Author: Feng Wang
Publisher: Taylor & Francis
ISBN: 1317222881
Category : Law
Languages : en
Pages : 208
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Book Description
Illegality in Marine Insurance Law is the first book to deal specifically with illegality in the context of marine insurance law. Previously, this issue has only ever been partially covered within analysis and criticism of Section 41 of the Marine Insurance Act 1906 and warranties. However, Dr Wang Feng goes much further than this by considering its impact on the common law relevant to marine insurance in many jurisdictions worldwide. The book addresses whether the existing law represents an accurate codification of the former authorities and whether Section 41 truly reflects existing legal principles. As well as this, the book examines how correctly to approach illegality within the context of marine insurance, considering the fundamental changes to the rule of breach of warranty introduced by the Insurance Act 2015. Of interest to academic researchers and practitioners in common law and civil law jurisdictions, this book provides rigorous analysis of the illegality issue and a conceptual approach for various approaches to reform marine insurance law. It is a unique and comprehensive guide to illegality in marine insurance law.
Author: James Goudkamp
Publisher: A&C Black
ISBN: 1782251898
Category : Law
Languages : en
Pages : 422
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Book Description
The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.
