Download or read book The Discretionary Remedial Constructive Trust A Debate as Cogent as a Discussion of the Merits of English Versus American Unicorns written by Jacob Meagher and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Those who seek settled property rights in Equity will find little comfort in this paper. With legal realism in mind the author asks what are the courts of Equity doing to property when recognising an institutional constructive trust? The author concludes that there is little distinction between a remedial and an institutional constructive trust; they are the same remedial equitable mechanisms for transferring property from A to B in equity. That is, an ICT, like the RCT is are awarded/imposed/recognised by the courts based on the underlying concepts of fairness and justice (or the equitable term of art; 'unconscionability'). The ICT is seen as legitimate because it hides behind the mask of language of 'institution'. Finally if jurisdictions continue to recognise and impose the ICT, then there is no logic in rejecting the RCT as an any less legitimate tool in the Equities armory.
Download or read book The Invisible Hand and the Common Good written by Bernard Hodgson and published by Springer Science & Business Media. This book was released on 2004-08-11 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: The basic moral significance of neo-classical economics and the competitive market system it represents is founded on the classical liberal tradition in which the "simple system of natural liberty" is claimed to give expression to the harmony of each with all. Though such a common good would not be the outcome of the intentions of individual agents or state planning, nevertheless, the impersonal forces of a capitalist market would so allocate resources as to lead the self-interested participants in such an economy, as if by an "invisible hand", to a coherent social order of mutual advantage. The papers in this volume critically examine central aspects of the preceding social ethos underlying contemporary political economy and our increasingly globalized market culture. The inquiry is undertaken from a variety of disciplinary perspectives at the intersection of philosophy, economics, political science, sociology, psychology, and computer science.
Download or read book Multiculturalism in Canada written by Hugh Donald Forbes and published by Springer Nature. This book was released on 2019-10-12 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multiculturalism is often thought to be defined by its commitment to diversity, inclusivity, sensitivity, and tolerance, but these established values sometimes require contrary practices of homogenization, exclusion, insensitivity, and intolerance. Multiculturalism in Canada clarifies what multiculturalism is by relating it to more basic principles of equality, freedom, recognition, authenticity, and openness. Forbes places both official Canadian multiculturalism and Quebec's semi-official interculturalism in their historical and constitutional setting, examines their relations to liberal democratic core values, and outlines a variety of practical measures that would make Canada a more open country and a better illustration of what a commitment to egalitarian cultural pluralism now means. Consisting of a series of connected essays-including careful considerations of the works of Will Kymlicka and Charles Taylor-this book provides the first comprehensive account of multiculturalism in Canada.
Download or read book Equity and Trusts in New Zealand written by Andrew S. Butler and published by Blackwell Publishing Professional. This book was released on 2009-01-01 with total page 1414 pages. Available in PDF, EPUB and Kindle. Book excerpt: EQUITY AND TRUSTS IN NEW ZEALAND 2ND EDITION is the authoritative reference for lawyers, the judiciary and law students seeking to find and understand the law relating to equity and trusts in New Zealand. It is the only full length New Zealand text to bring together the law of trusts and the law of equity. Contains: Introduction a historical introduction and discussion of basic concepts. Part A The Law of Trusts includes interpretation and classification of the trust concept and examines the law surrounding trusts. Part B Modern Equity takes a close look at the concepts of modern equity. Part C Equitable Remedies and Defences includes discussions on injunctions, rescission, accounting for profits, equitable liens, damages, tracing and defences as well as eight other areas that examine the various remedies and defences available. Part D Equity in Context assesses the types of relationships formed by the application of trusts and equitable principles and rules across a range of fields, including commerce, joint ventures, family relationships, restitution and Maori Law. Concluding observations on the state of equity and future developments and reform.
Download or read book Proprietary Remedies in Context written by Craig Rotherham and published by Bloomsbury Publishing. This book was released on 2002-04-23 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a tension in English law between the idea that the courts might provide a remedy by creating new property rights and the understanding that the judiciary's role is limited to the protection of existing proprietary interests with the power to redistribute property residing in the legislature alone. While there are numerous instances in which the courts intervene to readjust property rights,these are disguised in metaphor and fiction. However, this has meant that the law in this area has developed without open consideration of justifications for redistributing property. The result of this is that there is little coherence in the law of proprietary remedies as a whole and a good deal of it is indefensible. The book examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, vitiated transactions, the profits of wrongdoing and the breakdown of intimate relationships. It contrasts the English treatment of this area of law with developments in other common law jurisdictions where a more dynamic understanding of property has permitted more open acknowledgement of the judicial role in redistributing proprietary rights.
Download or read book The Principles of the Law of Restitution written by Graham Virgo and published by Oxford University Press, USA. This book was released on 2015 with total page 815 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title seeks to analyse the law of restitution, that body of law concerned with the award of remedies assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims founded on unjust enrichment, and the award of restitutionary remedies.
Download or read book Lawyer Barons written by Lester Brickman and published by Cambridge University Press. This book was released on 2011-01-31 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a broad and deep inquiry into how contingency fees distort our civil justice system, influence our political system and endanger democratic governance. Contingency fees are the way personal injury lawyers finance access to the courts for those wrongfully injured. Although the public senses that lawyers manipulate the justice system to serve their own ends, few are aware of the high costs that come with contingency fees. This book sets out to change that, providing a window into the seamy underworld of contingency fees that the bar and the courts not only tolerate but even protect and nurture. Contrary to a broad academic consensus, the book argues that the financial incentives for lawyers to litigate are so inordinately high that they perversely impact our civil justice system and impose other unconscionable costs. It thus presents the intellectual architecture that underpins all tort reform efforts.
Download or read book Research Handbook on Corporate Purpose and Personhood written by Pollman, Elizabeth and published by Edward Elgar Publishing. This book was released on 2021-09-28 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful Research Handbook contributes to the theoretical and practical understanding of corporate purpose and personhood, which has become the central debate of corporate law. It provides cutting-edge thoughts on the role of corporations in society and the nature of their rights and responsibilities.
Download or read book The Law of Restitution written by Andrew S. Burrows and published by Oxford University Press. This book was released on 2011 with total page 789 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.
Download or read book Logic written by Stan Baronett and published by Pearson Education India. This book was released on 2008 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restitution Past Present and Future written by William Cornish and published by Hart Publishing. This book was released on 1998-06-19 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of the Law of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring. In these essays, written by a group of the world's leading restitution scholars, the opportunity is taken to conduct a fresh appraisal of the development of the subject - to look, in other words, at the past, present, and future of the law of restitution. Contributors: John Baker, Peter Birks, Justice Finn, Roy Goode, Ewan McKendrick, Justice McLachlin, Sir Peter Millett, Lord Nicholls of Birkenhead, Richard Nolan, Janet O'Sullivan, Graham Virgo (as well as shorter contributions from invited commentators).
Download or read book Frontiers of Liability written by Peter Birks and published by Oxford University Press. This book was released on 1994 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'Frontiers of Liability' is the title of a series of high-level seminars held in All Souls College, Oxford during 1993 and 1994. Drawing together top academics, practitioners and judges, these seminars have sought to identify current trends in English law and have provided a forum for experts to give their assessment of how the law will develop in the future. The papers produced for the first 4 seminars and the comments made by the distinguished rapporteurs are reproduced in this volume. Anyone interested in the future of the law of restitution, the common law, judicial review, and the law relating to children will find these essays essential reading. Contributors: Charles Harpum, Sir Leonard Hoffman, Peter Birks, William Swadling, Sir Peter Millett, John Birds, W. R. Cornish, Sir Patrick Neill, Martin Loughlin, D. J. Galligan, Peter Cane, Andrew Bainham, Sheriff David Kelbie, J. M. Thomson, Stephen Cretney
Download or read book Aggregate Litigation written by and published by . This book was released on 2010 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Globsyn Management Conference GMC 2015 written by Ipsita C. Patranabis and published by Allied Publishers. This book was released on 2016-04-23 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book contains diverse topics such as stock valuation, risk management, gender diversity, work place spirituality, consumer behaviour, etc.
Download or read book Enrichment and Restitution in New Zealand written by Ross Grantham and published by Hart Publishing. This book was released on 2000-07-10 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: Grantham and Rickett (commercial law, U. of Auckland, New Zealand) provide an account of the law of restitution which provides coherence in its relationships with other areas of private law, reflects a consistent theoretical underpinning, and offers an organization of the law which is not solely dependent on theory but reflects a contextual coherence. They argue that the subject matter which properly falls within the ambit of the law of restitution is considerably less than is currently supposed. Although aimed to the substantive law of New Zealand, it applies more broadly throughout the common law world. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
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 Complex Litigation written by Doug Rendleman and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed for law school complex-litigation and remedies classes that emphasize injunctions and contempt, this casebook also serves as a tool for lawyers' quick, on-point research into the background and present status of these subjects. Developments in the rapidly changing law in the 25 years since publication of its predecessor, Injunctions, Second, required numerous additions and extensive revision. Part of the University Casebook Series; , it includes selected cases designed to illustrate the development of a body of law on complex litigation. Text and explanatory materials designed for law study accompany the cases.
