Download or read book Illegality after Patel v Mirza written by Sarah Green and published by Bloomsbury Publishing. This book was released on 2018-06-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.
Download or read book Contents of Commercial Contracts written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of contract is a great strength of English law: indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. Insodoing, they make original contributions to ongoing debates concerning the limits to parties' freedom of contract. This important subject will interest drafters of commercial contracts keen to ensure that contracts are clear and enforceable; litigators disputing the meaning, scope and validity of terms; and academics interested in the purpose and nature of the exercises involved.
Download or read book Patel v Mirza und die Illegality Doktrin im Vergleich zum deutschen Recht Patel v Mirza and the Doctrine of Illegality written by Jakob Gleim and published by . This book was released on 2019 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: English Abstract: The question of how civil law should respond to violations of legal prohibitions has and continues to torment judges and scholars on both sides of the English Channel. With the case of Patel v. Mirza, the Supreme Court of the United Kingdom has fundamentally revised the English law of illegality and in the process, as often occurs in such a revamping, has left hardly any of the original structure intact.This case note first describes the historical development of the illegality doctrine in English law before then presenting the ruling of the Supreme Court. Subsequently, German law is outlined and the resolution of the Supreme Court is comparatively assessed.
Download or read book Patel V Mirza written by Nicholas McBride and published by . This book was released on 2018 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short paper analyses Lord Toulson's judgment in Patel v Mirza [2016] UKSC 42, and argues that that judgment is better analysed as ruling that in cases where a defence of illegality is advanced, the courts should adopt a 'structured discretion' in determining whether to allow the defence rather than considering a range of factors to see whether or not the defence should be allowed.
Download or read book A Restatement of the English Law of Contract written by Andrew (hon) Burrows FBA and published by Oxford University Press. This book was released on 2016-04-28 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Restatement of the English Law of Contract is the second Restatement of English law undertaken by Andrew Burrows following on the success of A Restatement of the English Law of Unjust Enrichment (OUP, 2012). Designed to enhance the accessibility of the common law the Restatement comprises a number of clear succinct rules, fully explained by a supporting commentary, which set out the general law of contract in England and Wales. Written by one of the leading authorities in this area, in collaboration with an advisory group of senior judges, academics, and legal practitioners, the Restatement offers a novel and powerfully persuasive statement of the law in this central area of English law. All lawyers dealing with the English law of contract, whether as practitioners, judges, academics, or law students, cannot but benefit from this Restatement. The English law of contract is one of the most respected systems of contract law in the world and by the device of a 'choice of law' clause is often chosen by foreign commercial parties as the applicable law to govern their contract. One of the aims of the Restatement is for the reader, including those from civil law jurisdictions, to see quickly and easily how the different elements of the English law of contract fit together.
Download or read book Tort Law written by Nicholas J McBride and published by Pearson Higher Ed. This book was released on 2012-08-07 with total page 985 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essential guide to all aspects of Tort Law, you can rely on this textbook to give your students a thorough understanding of the subject, expose them to the key academic debates and research in this often controversial area, offer further reading suggestions and ensure that they are able to apply their subject knowledge and legal reasoning skills to problematic tort law scenarios.
Download or read book Restitution of Overpaid Tax written by Steven Elliott KC and published by A&C Black. This book was released on 2014-07-18 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the decision of the House of Lords in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70, the law governing claims for restitution of overpaid tax has experienced rapid and profound evolution. This has been so not only in England, but also elsewhere in the common law world as well as on the European plane. The essays in this collection consider the new landscape, and explore from various doctrinal and national perspectives the issues that have confronted, and continue to confront, the courts.
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Download or read book Unravelling Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2014-07-17 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Illegality Defence written by Great Britain. Law Commission and published by The Stationery Office. This book was released on 2009 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law of Contract written by G. H. Treitel and published by . This book was released on 1966 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Restatement of the English Law of Unjust Enrichment written by Andrew S. Burrows and published by Oxford University Press, USA. This book was released on 2012-11-29 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Restatement presents a distillation of the current state of the common law of unjust enrichment into a coherent set of doctrines. Written by an authority in the area, assisted by senior judges, academics, and practitioners, the Restatement offers a persuasive statement of the law in this newly recognized and uncertain branch of the common law.
Download or read book Complete Equity and Trusts written by Richard Clements and published by Oxford University Press. This book was released on 2018 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Complete Equity and Trusts' provides a blend of explanatory text, cases and materials making it ideal for students new to equity and trusts. In this student-centred and approachable text, complex topics are explained clearly and succinctly.
Download or read book Hanbury and Martin Modern Equity written by James Glister and published by . This book was released on 2021-09-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hanbury & Martin: Modern Equity provides an up-to-date and modern account of this challenging area of the law. This twenty-second edition of the long-standing work is the third edition under the present editors. The new edition contains rigorous analysis of the latest in case law and academic debate, with strengthened reference to other common law jurisdictions. Modern Equity continues to be unparalleled in breadth of scope and wealth of detail and remains the authority on equity and trusts law.
Download or read book Doing Business in 2004 written by Simeon Djankov and published by World Bank Publications. This book was released on 2004 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: A co-publication of the World Bank, International Finance Corporation and Oxford University Press
Download or read book MacGillivray on Insurance Law written by Evan James MacGillivray and published by . This book was released on 1997 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dealing with all insurance risks other then marine, this text contains sections on insurable interest, non-disclosure, reinsurance, conflict of laws and policy terms. It also includes the Unfair Terms in Consumer Contract Regulations 1994 and the Rome Convention on Conflict of Laws.
Download or read book Goode and McKendrick on Commercial Law written by Roy Goode and published by Penguin UK. This book was released on 2021-03-25 with total page 1632 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixth edition of the authoritative and acclaimed commercial law text 'A great book ... will be equally useful to legal practitioners, students and business people' Financial Times This sixth edition of Goode on Commercial Law, now retitled Goode and McKendrick on Commercial Law, remains the first port of call for the modern day practitioner with its theoretical and practical coverage of commercial law in both a national and an international context. Now updated to cover the most recent legal and technical changes, this highly acclaimed and authoritative text, which is regularly cited by all courts from the Supreme Court downwards, combines a deep theoretical analysis of foundational principles with a practical approach in the context of typical commercial and financial transactions. It is also replete with diagrams and specimen forms covering a wide range of transactions. 'Searching analysis and meticulous exposition coupled with a lucid clarity of style and a relaxed lightness of touch combine to make the book not only compulsory but compulsive reading for anyone interested in its field' Law Quarterly Review 'A work of immense scholarship ... Professor Goode's work must be as nearly exhaustive as can be possible and as produced by Penguin is a triumph of paperback publishing' Solicitor's Journal 'Clear and comprehensive ... The student and practitioner will find it indispensable; the interested layperson too will benefit from it as a work of reference' British Business 'A veritable tour de force' Business Law Review
