An Introduction to the Law of Restitution

Author: Peter Birks
Publisher: Oxford University Press
ISBN: 0198256450
Format: PDF, ePub, Mobi
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The author has taken the opportunity presented by the production of this new paperback edition to revise parts of the text and add a substantial postscript which brings the text up to date. This important work was hailed by scholars worldwide as the most significant recent work on restitution, and a landmark in the development of our understanding of this difficult subject. Students and scholars of common and civil law will welcome this paperback which brings the work to a wider readership. `The book amply repays close attention...both for its wealth of detail and for its perspicuous organisational principles'.Ethics `This is an impressive and challenging book that will be read and debated by legal scholars for some years'.Social Sciences

Consequences of Impaired Consent Transfers

Author: Birke Häcker
Publisher: Bloomsbury Publishing
ISBN: 1782253653
Format: PDF, Kindle
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Legal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Häcker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations. This book is a re-publication of a work first published by Mohr Siebeck in Germany.

Unjust Enrichment and Contract

Author: Tariq Baloch
Publisher: Bloomsbury Publishing
ISBN: 1847314988
Format: PDF, Mobi
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This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context. Firstly, the orthodox account correctly proceeds on the basis that the restitutionary claim in the contractual context is founded on an independent cause of action in unjust enrichment, rather than some equitable notion of unconscientiousness or the law of contract. Secondly, the book departs from the orthodox account by rejecting the unjust factors approach and endorsing the absence of basis approach for the law of unjust enrichment. Finally, the book argues that the right to restitution in the contractual context should be determined by the conditionality of the transfer of the benefit rather than a requirement such as the termination of the contract, as the orthodox account dictates. To that end the book proposes the following model, under which the right to restitution in the contractual context is determined by the resolution of the following two questions: (1) Was the transfer of the benefit (eg of money or services) conditional? (2) Was there a qualifying failure of condition? A condition can be, and often is, the other contracting party's counter-performance, but it may also be an event not promised by either party. What qualifies as a failure of condition depends on the type of contract in question. This book identifies two types of contracts, namely those which are apportioned (eg instalment contracts) and those which are unapportioned. It is only in relation to the latter that termination is required. It is a particular strength of the book that it is underpinned by detailed and original historical analysis which makes a novel and distinct contribution to the history of the laws of unjust enrichment and contract. 'Dr Baloch has produced the definitive study of the inter-relationship between contract and unjust enrichment. This has been achieved by carefully considering the historical roots of our common law, and how this is to be understood in its best light in the modern era.' Robert H Stevens, University College, London. 'Dr Baloch's exploration of the boundary between contractual and unjust enrichment liability in the 17th to 19th centuries has important things to say about the history of ideas of 'contract' in this period.' Mike Macnair, Oxford University. 'This is an innovative and rigorous book which engages with one of the most difficult areas in the law of unjust enrichment, namely the relationship between the law of unjust enrichment and the law of contract. Baloch roots his treatment of the modern law in its history and the historical analysis throughout is very careful and well grounded in the primary sources.' David Ibbetson, Cambridge University. 'This is a valuable book, thoughtful and well researched. It is concerned to build a model that fits comfortably with the cases, and its focus is on the work of modern commentators. Those concerned with the relationship of contract and the law of restitution whether at a theoretical level or in practice will benefit by careful study of what Dr Baloch has to say, whether or not they agree with it.' Jack Beatson, Royal Courts of Justice, 14 February 2009 (From the foreword)

Structure and Justification in Private Law

Author: Charles E F Rickett
Publisher: Bloomsbury Publishing
ISBN: 1847314120
Format: PDF, ePub, Docs
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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

The Rights of Parties to Illegal Transactions

Author: Neil Thompson
Publisher: Federation Press
ISBN: 9781862870369
Format: PDF, ePub
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26 chapters focus on the conflict between the prohibition of illegal contracts on the ground of public policy and the fair, morally just, claims of parties to such contracts which can arise, and on the extraordinary range of judicial solutions to the conflict. The chapters cover the ambit of the related maxims ex turpi causa and in pari delictu; restitution (8 chapters); enforcement; illegality; and third parties. They conclude with pleadings and practice.

Landmark Cases in the Law of Restitution

Author: Charles Mitchell
Publisher: Bloomsbury Publishing
ISBN: 1847316956
Format: PDF
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It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.

An Introduction to Comparative Law

Author: Konrad E. Zweigert
Publisher: Oxford University Press, USA
ISBN:
Format: PDF, Docs
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An Introduction to Comparative Lawfirst appeared in two volumes in 1987. Volume I discussed the nature of comparative law and then concentrated on a survey of the main features of the major groupings of the world's legal systems. Volume II focused on contract, tort, and unjust enrichment as major departments of private law. Now published for the first time in paperback, the two volumes have been combined into one to provide a comprehensive guide to the relationship between the world's legal systems.

Understanding the Law of Obligations

Author: Andrew Burrows
Publisher: Bloomsbury Publishing
ISBN: 1847311423
Format: PDF, Kindle
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NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review

Pre contractual Rights and Remedies

Author: D. Y. K. Fung
Publisher:
ISBN:
Format: PDF, Docs
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The book is a study of the different juristic approaches to the problems arising out of claims resulting from failed pre-contractual negotiations. The main approaches in this matter have been the law of restitution and promissory estoppel. Breaking a new ground in this area of the law, the book offers a theory, comprising a marriage of common elements called the benefit-reliance approach to restitution.

The German Law of Obligations The law of torts

Author: Basil Markesinis
Publisher:
ISBN: 9780198260530
Format: PDF, ePub, Docs
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With its companion volume, The Law of Torts, this two-volume work provides a full scale treatise on the German Law of Obligations (Contract, Restitution and Tort) written in a comparative way and with a Common Law reader in mind. A commentary, which amounts to about half of the book, is accompanied by some 250 translations of leading German cases. This should prove a useful work for students and academics with an interest in German and Comparative law.