Download or read book Lessons of the Swaps Litigation written by Peter Birks and published by . This book was released on with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lessons of the Swaps Litigation written by Peter Birks and published by Taylor & Francis. This book was released on 2020-11-25 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive review of the extent of remedies and impact of contractual agreements on restitution claims for void, unenforceable, and discharged contracts.
Download or read book The Law of Finance written by Alastair Hudson and published by . This book was released on 2009 with total page 1568 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Finance aims, for the first time in a single volume, to account for the whole of international finance as understood in English law. The volume is divided into two halves with section one considering the principles of the law of finance and section two considering the full range of modern financial techniques in their legal context.
Download or read book Trusts Law written by Graham Moffat and published by Cambridge University Press. This book was released on 2005-09-29 with total page 1110 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.
Download or read book Lessons of the Swaps Litigation written by Peter Birks and published by Mansfield Press. This book was released on 2000 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The House of Lords finding that SWAPS transactions with large international financing organisations and local authorities were ultra vires litigation provoked a raft of litigation which did not only have important implications for financing and commercial law generally, but which also dramatically altered the general landscape of the law, making far reaching changes in equity and trust law, contract and tort and especially restitution, the structure of which has been significantly recast.
Download or read book Justifying Private Law Remedies written by C.E.F. Rickett and published by Bloomsbury Publishing. This book was released on 2008-06-26 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: In August 2006 the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was “Justifying Private Law Remedies”. This book contains a number of the papers delivered at that Conference, presented under several categories but all dealing with the fundamental issue of justification: General Concepts; Performance; Compensation; Punishment; and Restitution and Disgorgement. The authors are largely drawn from the legal academy, and include Canadian, Australian, British and New Zealand scholars. The collection will be of interest to all those concerned with the role, nature and place of remedies in the private law of the common law world.
Download or read book The Principles of the Law of Restitution written by Graham Virgo and published by Oxford University Press. This book was released on 2024-04-25 with total page 913 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. Substantially rewritten to reflect significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject, this book is grounded in its clarity of exposition and analysis. The new edition significantly expands existing chapters on the treatment of the history of unjust enrichment, enrichment, the treatment of legally effective bases for receipt, and compulsion. It further expands existing parts on restitution for wrongs and proprietary restitutionary claims as well as offering completely new chapters dealing with 'at the claimant's expense', 'absence of intent', and the defence of illegality. Focusing primarily on English law, the volume also engages with the law in other common law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. It provides a clear exposition of complex areas of law as well as critical analysis of that law. Timely and comprehensive, this book provides readers with a crucial guide to the law of restitution and will continue to be invaluable to student, academics, and practitioners alike.
Download or read book SHAPING THE LAW OF OBLIGATIONS written by and published by Oxford University Press. This book was released on 2023 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Quistclose Trust written by William Swadling and published by Bloomsbury Publishing. This book was released on 2004-02-25 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The so-called Quistclose trust probably represents the single most important application of equitable principles in commercial life. (Lord Millett in the foreword to this book). The decision of the House of Lords in Twinsectra v Yardley has refocused attention on the Quistclose trust. Although accepted by insolvency lawyers as a convenient tool for corporate rescue, the precise basis of the trust has always been in doubt. The purpose of these essays is to explore the foundations of the trust and subject them to a searching analysis. Contributors: Robert Stevens (Oxford), 'Rolls Razor Ltd'; William Swadling (Oxford), 'Orthodoxy'; James Penner (LSE), 'Lord Millett's Analysis'; Lionel Smith (McGill), 'Understanding the Power'; Robert Chambers (Alberta),'Restrictions on the Use of Money'; Peter Birks (Oxford),'Retrieving Tied Money'; Ewan McKendrick (Oxford), 'Commerce'; Robert Stevens (Oxford), 'Insolvency'; George Gretton (Edinburgh),'Scotland'.
Download or read book Mastering the ISDA Master Agreements ebook written by Paul Harding and published by Pearson UK. This book was released on 2011-01-10 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published by the International Swaps and Derivatives Association, the 1992 and 2002 ISDA® Master Agreements are the main contracts used in the over the counter global derivatives market. Mastering the ISDA Master Agreements provides a practical, clear and useful guide to help understand and negotiate these Master Agreements. This revised and updated edition is an essential handbook for anyone involved in negotiating agreements, from financial institutions through to fund managers, law firms, credit officers, regulators and business students. The new edition includes: Increased focus on the 200.
Download or read book Law and Administration written by Carol Harlow and published by Cambridge University Press. This book was released on 2009-08-20 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: A contextualised study setting out the foundations of administrative law, with discussion of case law and legislation to show practical application.
Download or read book Eco finance written by Paul A. U. Ali and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Market-based environmental instruments are the most creative of the many initiatives devised to combat air and water pollution and promote biodiversity. Among these, none has attracted more attention than the burgeoning trade in environmental allowances and credits. Originally developed in the United States around 1990, these varieties of tradable instruments were globally validated by the Kyoto Protocol of 1997, which explicitly contemplates the buying and selling of environmental allowances and credits among both sovereign states and corporate entities. Despite U.S. opposition to the Kyoto Protocol, global trading in pollution instruments is growing at an exponential rate, with instruments representing over 70 million tonnes of greenhouse gas emissions estimated to have been traded in 2003. Eco-Finance is the first in-depth legal analysis of this extraordinary hybrid of environmental regulation and global financial markets. It deals with what are currently the two dominant types of market-based environmental instruments: market-traded environmental instruments (which include the tradable pollution allowances envisaged by the Kyoto Protocol), and environmental financing instruments (which include the emerging class of environmental and socially responsible investment funds). Among the numerous topics and issues treated by Ali and Yano are the following: the ?cap-and-trade? regime; debt-for-environment swaps; forestry securitisations; greenhouse gas emissions markets; carbon funds and swaps; tradable green certificates weather derivatives; duty to hedge climatic risks; catastrophe bonds; protected cell companies; the prudent investor rule; and ethical security indices. The authors deal searchingly with the critical legal issues that arise in connection with these market-based environmental instruments, such as the danger that courts might recharacterise underlying risk transfer agreements as illegal insurance products. For this reason, and for its wealth of practical, theoretical, and informational detail, Eco-Finance will be of enormous value to a broad range of legal, governmental, and business professionals, including environmental regulators, securities regulators, financial market professionals, institutional and other fiduciary investors, corporate risk managers, and investment fund managers, as well as practitioners and academics in both environmental law and financial law.
Download or read book Unjustified Enrichment written by David Johnston and published by . This book was released on 2005-01-28 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
Download or read book Unjust Enrichment in South African Law written by Helen Scott and published by A&C Black. This book was released on 2014-07-18 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law of unjustified enrichment. However, this book argues that while the absence of a relationship of indebtedness is a necessary condition for restitution in such cases, it is not a sufficient condition. The book takes as its focus those instances in which the invalidity thesis is strongest, namely, those traditionally classified as instances of the condictio indebiti, the claim to recover undue transfers. It seeks to demonstrate that in all such instances it is necessary for the plaintiff to show not only the absence of his liability to transfer but also a specific reason for restitution, such as mistake, compulsion or incapacity. Furthermore, this book explores the reasons for the rise of unjust factors in South African law, attributing this development in part to the influence of the Roman-Dutch restitutio in integrum, an extraordinary, equitable remedy that has historically operated independently of the established enrichment remedies of the civilian tradition, and which even now remains imperfectly integrated into the substantive law of enrichment. Finally, the book seeks to defend in principled terms the mixed approach to enrichment by transfer (an approach based both on unjust factors and on the absence of a legal ground) which appears to characterise modern South African law. It advocates the rationalisation of the causes of action comprised within the condictio indebiti, many of which are subject to additional historically-determined requirements, in light of this mixed analysis.
Download or read book Structure and Justification in Private Law written by C.E.F. Rickett and published by Bloomsbury Publishing. This book was released on 2008-02-27 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Understanding Unjust Enrichment written by Jason W Neyers and published by Bloomsbury Publishing. This book was released on 2004-04-20 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.
Download or read book Transactions of Minors in English and German Law written by Carlo Brunold and published by Mohr Siebeck. This book was released on 2024-07-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:
