Download or read book Restitution and Equity Volume 1 Resulting Trusts and Equitable Compensation written by Peter Birks and published by Taylor & Francis. This book was released on 2020-11-25 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first part of this volume collates papers from the Second Mansfield Symposium, which examined the areas of equity, trusts and restitution. The second part addresses the emerging field of equitable compensation and its implications.
Download or read book Restitution and Equity written by Peter Birks and published by . This book was released on 2000 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restitution and Equity written by and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trusts Law written by Charlie Webb and published by Bloomsbury Publishing. This book was released on 2017-05-09 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook is a comprehensive and accessible guide to Trusts Law and has been thoroughly updated to reflect recent developments in the area. The authors bring a unique combination of academic rigour and hands-on commercial experience to the explanation of their subject and it is these practical insights which make the book essential reading for all law students. Many law students struggle with the concept of Trusts Law and it can take time to properly understand the complex body of rules that surround it. This book will help demystify some of these rules and put Trusts Law into a practical context, allowing students the time to develop a deep and critical understanding of the topic. This book is an ideal companion for both law undergraduate and GDL/CPE students. New to this Edition: - A new chapter on creating a trust
Download or read book The Principles of Equity Trusts written by Graham Virgo and published by Oxford University Press. This book was released on 2018 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.
Download or read book Enrichment in the Law of Unjust Enrichment and Restitution written by Andrew Lodder and published by Bloomsbury Publishing. This book was released on 2012-07-06 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.
Download or read book The Principles of Equity and Trusts written by Graham Virgo and published by Oxford University Press, USA. This book was released on 2012-05-03 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principle of Equity and Trusts offers students a new approach to this dynamic area of law. Professor Graham Virgo has created a rigorous yet accessible student companion which draws the field in its contemporary context, offering a critical and insightful commentary on the law, its application, and development. The text communicates the dynamic and thought provoking nature of this area of law and reflect the modern understanding of the subjects, as propounded both by the judiciary and commentators. The text offers a student focused approach providing a clearly written and accessible guide to this most fascinating area of law while equally providing the critical rigour and referencing expected from academics in the field. The Principle of Equity and Trusts promises to be a new classic in the field of equity and trusts textbook; one which is admired by lecturers and students alike.
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 319 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 Equity and Trusts written by Paul S. Davies and published by Oxford University Press, USA. This book was released on 2019-05-30 with total page 1081 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity & Trusts: Text, Cases, and Materials provides a comprehensive guide to trusts and equity in a single volume. Drawing on a judiciously balanced selection of case extracts, journal articles, and academic writing, Davies and Virgo present their authoritative commentary on the law with clarity and rigour. The text guides students through the key legal principles of each case, utilizing supporting learning features to highlight important aspects and help develop students' independent research skills. Central Issues boxes introduce each chapter to identify the key themes examined and scenario-based questions frame the law in a practical context, encouraging students to think creatively around the subject and assess their own understanding. This text offers a holistic approach to the study of equity and trusts. Using their unrivalled teaching experience, the authors bring together an expertly selected collection of cases and legal scholarship to present a text that is firmly student-focused, enabling students to fully grasp the key concepts and achieve the best possible results. Online Resources Supporting answer guidance to the end of chapter questions is offered online.
Download or read book Implied Trusts and Beneficial Ownership in Modern UK Tax Law written by Chris Thorpe and published by Spiramus Press Ltd. This book was released on 2021-11-26 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Implied Trusts and Beneficial Ownership in Modern UK Tax Law looks at that gap which lies between books on tax and those on trust law, and tries to bridge the two. How and why is beneficial ownership important in UK tax? This book is ideal for academics and practitioners alike. Those practitioners specialising in trusts should find this book an interesting and useful aid to supplement their knowledge of implied trusts and the relationship between the more-usual express trusts. Whether you are new to the tax profession, or a seasoned professional, there will be something here for everyone.
Download or read book Remedies in Australian Private Law written by Katy Barnett and published by Cambridge University Press. This book was released on 2018-09-07 with total page 671 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application. This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies. With its systematic and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law, and to analyse legal problems and identify appropriate remedial solutions.
Download or read book Equity Trusts written by Paul S. Davies and published by Oxford University Press. This book was released on 2016 with total page 1089 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Davies and Graham Virgo present the most engaging and student-focused text, cases, and materials approach to equity and trusts, providing an authoritative account of the law in a single volume.
Download or read book The Scope and Structure of Unjust Enrichment written by Duncan Sheehan and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as necessity should be excluded from the subject area. The book concludes with a treatment of defences.
Download or read book Equitable Compensation and Disgorgement of Profit written by Simone Degeling and published by Bloomsbury Publishing. This book was released on 2017-04-06 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profit, and specifically the theoretical basis of that remedy, its application in the context of fiduciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief. In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world.
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 Equity and Trusts in Australia written by Michael Bryan and published by Cambridge University Press. This book was released on 2012-07-17 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity and Trusts in Australia is a practical and engaging introduction to equitable and trusts law in Australia. Drawing on the authors' collective 45 years of teaching experience, this text is carefully designed to cater to the needs of undergraduate law and Juris Doctor students approaching equity and trust law for the first time. The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples. Comprehensively cross-referenced, it draws links between equitable and trusts doctrines and their wider relationships to the law. The companion website, at www.cambridge.edu.au/academic/equity is an invaluable resource for students and lecturers, featuring further reading, discussion points and practice exercises and solutions.
Download or read book The Hague Trusts Convention written by Jonathan Harris and published by Bloomsbury Publishing. This book was released on 2002-05-04 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trusts cross borders. When they do,real difficulties may arise. Will the understanding of what a trust is be different in a foreign state? Will the rights, powers and duties of the trustee and settlor be the same? What rights will the beneficiary be able to assert? To what extent will the trust assets be safe from the claims of creditors, forced heirs, or third parties? Which legal system will be applied to the trust? Within what limits? What if the trust needs to be recognised in a state which does not have the institution of the trust in its domestic law? The Hague Trusts Convention, enacted into English law by the Recognition of Trusts Act 1987, seeks to ameliorate the situation by providing harmonised choice of law rules for “trusts created voluntarily and evidenced in writing.” It also provides for the recognition of trusts in Contracting States. Those Contracting States should recognise the trust, even if they do not have the institution in their domestic law. This book is the first published in England to devote itself to a detailed analysis of the Convention. It is aimed at academics and practitioners; at private international lawyers and at trust lawyers. Frequent reference is made to the position in civil law states (especially in the Contracting States of Italy and the Netherlands) and in other trust states, both offshore and onshore. The Hague Trusts Convention deals with the operation of the trust itself. It does not deal with the preliminary steps needed to create a trust. These preliminary matters raise highly complex and uncharted choice of law issues. Detailed discussion of these matters is also provided, and appropriate solutions suggested.
