Download or read book The Future of the Minimum Equity and the Appropriate Fault Line in Promissory and Proprietary Estoppel written by Lee Aitken and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article considers the proper measure of relief in promissory and proprietary estoppel. It is observed that clear guidance is lacking. The author argues that because it is not possible to treat uniformly the loss of a house in a domestic or family situation and a multi million dollar failed bond deal, a distinction, for purposes of determining appropriate relief, could be drawn between cases of a purely domestic nature and those that are self-evidently commercial.
Download or read book Soft Law and Public Authorities written by Greg Weeks and published by Bloomsbury Publishing. This book was released on 2016-02-25 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the phenomenon of soft law employed by domestic public authorities. Lawyers have long understood that public authorities are able to issue certain communications in a way that causes them to be treated like law, even though these are neither legislation nor subordinate legislation. Importantly for soft law as a regulatory tool, people tend to treat soft law as binding even though public authorities know that it is not. It follows that soft law's 'binding' effects do not apply equally between the public authority and those to whom it is directed. Consequently, soft law is both highly effective as a means of regulation, and inherently risky for those who are regulated by it. Rather than considering soft law as a form of regulation, this book examines the possible remedies when a public authority breaches its own soft law upon which people have relied, thereby suffering loss. It considers judicial review remedies, modes of compensation which are not based upon a finding of invalidity, namely tort and equity, and 'soft' challenges outside the scope of the courts, such as through the Ombudsman or by seeking an ex gratia payment.
Download or read book Fault Lines in Equity written by James Glister and published by Bloomsbury Publishing. This book was released on 2012-05-18 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first century it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.
Download or read book The Law of Waiver Variation and Estoppel written by Sean Wilken and published by Oxford University Press. This book was released on 2012-02-02 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing practical guidance on these complex doctrines this book analyses their constituent elements and considers the juridical foundation and relationship with other areas of law and other application in various aspects of commercial law.
Download or read book The Law of Estoppel Variation and Waiver written by Sean Wilkin and published by . This book was released on 1998-04-27 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estoppel, variation and waiver are three overlapping doctrines in commercial law which are invoked to alter or end existing contractual arrangements. Because there has been no systematic classification and analysis of the doctrines and there is no obvious dividing line between them, this a difficult area for practitioners. This book examines all three doctrines and helps attorneys decide when and how to use them effectively.
Download or read book Protecting Reliance written by Michael Spence and published by Hart Publishing. This book was released on 1999-06-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One party induces an assumption in the mind of another. Australian law has arguably given expression to three moral duties relating to induced assumptions: the duty to keep promises,the duty not to lie and the duty to ensure the reliability of induced assumptions. This book expounds the third of these duties and shows how it can be used to shape 'equitable' estoppel, a doctrine emerging from the decisions of the High Court of Australia in Waltons Stores and Verwayen. It does not purport to cover the entire law of estoppel, but does examine, analytically, how the doctrine might operate in a series of problematic cases at the edge of contract law.
Download or read book Spencer Bower Reliance Based Estoppel written by Piers Feltham and published by Bloomsbury Publishing. This book was released on 2017-03-02 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change. Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman's Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition. Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another's reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello). With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower's unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.
Download or read book Estoppel by Conduct and Election written by K. R. Handley and published by . This book was released on 2013 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pre contractual Rights and Remedies written by D. Y. K. Fung and published by . This book was released on 1999 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a study of the different juristic approaches to the problems arising out of claims resulting from failed pre-contractual negotiations. The main approaches in this matter have been the law of restitution and promissory estoppel. Breaking a new ground in this area of the law, the book offers a theory, comprising a marriage of common elements called the benefit-reliance approach to restitution.
Download or read book The Principles of Equity and Trusts written by Graham Virgo and published by Oxford University Press. This book was released on 2023-05-15 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of Equity and Trusts offers a refreshing, student-focused approach to a dynamic area of law. In the fifth edition of his best-selling textbook, Professor Graham Virgo brings his expertise as a teacher to deliver an engaging, contextual account of the essential principles oftrusts and their equitable remedies.Virgo states the law in plain terms before building on an area of debate and encouraging students to fully engage with the inherent issues within the subject. Concise and authoritative analysis enables students to grasp the principles of trusts, develop the confidence to engage fully with thesubject area, and excel in their studies.Virgo approaches the topics with unparalleled clarity and provides the academic rigour for which this text has come to be relied upon. Combining expert knowledge and comprehensive coverage, this is the ideal companion to a course in trusts.Digital formats and resourcesThe fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.DT The e-book offers a mobile experience and convenient access along with self-assessment activities, multi-media content including author videos, web links to key cases, functionality tools, navigation features and links that offer extra learning support: http://www.oxfordtextbooks.co.uk/ebooksDT The online resources includes self-test and scenario questions with feedback, videos from the author, and web links to key cases
Download or read book Exploring Tensions in Finance Law written by Shelley Elizabeth Griffiths and published by . This book was released on 2014 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Uniform System of Accounts Prescribed for Natural Gas Companies written by and published by . This book was released on 1961 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Systems of accounts applicable to Class A, B, C, and D utilities.
Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Download or read book Commercial Remedies Resolving Controversies written by Graham Virgo and published by Cambridge University Press. This book was released on 2017-08-24 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.
Download or read book The Entrepreneur s Roadmap written by New York Stock Exchange and published by . This book was released on 2017-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Entrepreneur's guide for starting and growing a business to a public listing
Download or read book Uniform System of Accounts Prescribed for Public Utilities and Licensees class A and Class B written by United States. Federal Power Commission and published by . This book was released on 1960 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Precontractual Liability in European Private Law written by John Cartwright and published by Cambridge University Press. This book was released on 2008 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.
