Download or read book Re examining Contract and Unjust Enrichment written by Paula Giliker and published by BRILL. This book was released on 2007-06-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays addresses some of the fundamental questions facing the law of contract and of unjust enrichment in the twenty-first century from a comparative perspective. Leading academics from Canada and the United Kingdom analyse the nature and development of the principles of unjust enrichment, their relationship with contract and fiduciary obligations and their impact upon traditional contractual doctrines such as mistake, undue influence, frustration and the assessment of damages. The text provides an insightful, contemporary and provocative examination of this fast-developing area of law.
Download or read book Revue Du Barreau Canadien written by and published by . This book was released on 1927 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restitution written by Lionel Smith and published by Routledge. This book was released on 2020-11-26 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. 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.
Download or read book Pre Contractual Liability in English and French Law written by Paula Giliker and published by Springer. This book was released on 2002-08-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the nature of pre-contractual liability in English and French law, focusing on the difficult, but practically important, question of liability for services performed in anticipation of a contract.
Download or read book Canadian Tax Journal written by and published by . This book was released on 2003 with total page 1142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Canadian Abridgment written by and published by . This book was released on 1981 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Impact of Equity and Restitution in Commerce written by Peter Devonshire and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.
Download or read book Unjust Enrichment and Public Law written by Rebecca Williams and published by Bloomsbury Publishing. This book was released on 2010-06-30 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Canada Law Reports written by Canada. Exchequer Court and published by . This book was released on 1969 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Canada Supreme Court Reports written by Canada. Supreme Court and published by . This book was released on 2004 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Conf rence Sur L uniformisation Des Lois Au Canada written by Uniform Law Conference of Canada and published by . This book was released on 1986 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Encyclopaedia of Comparative Law written by K Zweigert and published by Martinus Nijhoff Publishers. This book was released on 1981-08-01 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America
Download or read book The Egyptian Law of Obligations written by Frederick Parker Walton and published by . This book was released on 1923 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Using International Law in Domestic Courts written by Shaheed Fatima KC and published by Bloomsbury Publishing. This book was released on 2005-10-04 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is increasingly referred to and utilised in English courts,in fields as diverse as criminal proceedings, children's rights, tort law, and asylum cases. Despite this use, there is currently no book on the market (whether a practitioner text or otherwise) which addresses this subject-matter in detail. Hence the need for this book - by a practitioner and for practitioners, regardless of their specialist area of practice - on how international law is and can be used in the domestic courts. The book presents in a distilled format the relevant principles of law, and their application in this area and provides a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.
Download or read book Property Rights and Bijuralism written by Jan Jakob Bornheim and published by Mohr Siebeck. This book was released on 2020-10-12 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--
Download or read book Index of Canadian Tax Foundation Publications written by Canadian Tax Foundation and published by . This book was released on 2000 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
