The Rule of Restitutio in Integrum in the Measure of Damages Under Maritime Tort and Contract PDF Download
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Author: Jose M. Alcantara
Publisher:
ISBN:
Category : Damages
Languages : en
Pages :
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Author: Jose M. Alcantara
Publisher:
ISBN:
Category : Damages
Languages : en
Pages :
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Author: Edward Stanley Roscoe
Publisher:
ISBN:
Category : Collisions at sea
Languages : en
Pages : 224
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Author: Francesco Giglio
Publisher: Bloomsbury Publishing
ISBN: 1847313531
Category : Law
Languages : en
Pages : 262
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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: Justin Orsborn
Publisher:
ISBN:
Category : Breach of contract
Languages : en
Pages : 172
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Author: Joseph Asbury Joyce
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 1040
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Author: Lionel D. Smith
Publisher: Dartmouth Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 604
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Book Description
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. This volume collects the most important elements of that literature, organized thematically, to show how the subject is developing and where it is likely to go in the future.
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: George E. Palmer
Publisher: Aspen Publishers
ISBN: 9781567065374
Category : Law
Languages : en
Pages : 2764
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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: United States. Courts
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1248
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Author: Great Britain. Courts
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 648
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