Download or read book The Varieties of Restitution written by Ian McNeil Jackman and published by . This book was released on 1998 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of restitution is commonly described in terms of a unifying principle of "unjust enrichment at the plaintiffs expense." Jackman challenges that view, revealing that much of the law of restitution does not concern cases where the defendant has been "enriched" or where the plaintiff has suffered "expense." Demonstrating that there are several distinct concepts of "injustice" at stake, he then identifies three fundamentally distinct categories of legal thought in this area: the reversal of non-voluntary transactions; the fulfilment of non-contractual promises; and the protection of the private legal facilities of proprietary rights and fiduciary relationships. In so doing, the author highlights the central and disparate principles of restitution so often masked by the concern for uniformity.
Download or read book The Varieties of Restitution written by Ian Jackman and published by . This book was released on 2017-03-17 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary payments (by mistake, duress, undue influence, unconscionable dealing and total failure of consideration); (ii) remuneration for goods or services requested by the defendant in circumstances indicating a promise to pay for them; and (iii) the protection of certain facilitative institutions of private law (such as private property and fiduciary relationships). The book staunchly defends the traditional common law approach of analysing legal principles by the empirical method of treating like cases alike, rather than by derivation from supposedly unifying theories. This edition updates the first edition, which was published in 1998, in the light of almost 20 years of case-law and academic debate. It also adds a separate chapter dealing with the history of the law of restitution and why it matters.
Download or read book The Varieties of Religious Repression written by Ani Sarkissian and published by Oxford University Press. This book was released on 2015-01-02 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religious repression--the non-violent suppression of civil and political rights--is a growing and global phenomenon. Though most often practiced in authoritarian countries, levels of religious repression nevertheless vary across a range of non-democratic regimes, including illiberal democracies and competitive authoritarian states. In The Varieties of Religious Repression, Ani Sarkissian argues that seemingly benign regulations and restrictions on religion are tools that non-democratic leaders use to repress independent civic activity, effectively maintaining their hold on power. Sarkissian examines the interaction of political competition and the structure of religious divisions in society, presenting a theory of why religious repression varies across non-democratic regimes. She also offers a new way of understanding the commonalties and differences of non-democratic regimes by focusing on the targets of religious repression. Drawing on quantitative data from more than one hundred authoritarian states, as well as case studies of sixteen countries from around the world, Sarkissian explores the varieties of repression that states impose on religious expression, association, and political activities, describing the obstacles these actions present for democratization, pluralism, and the development of an independent civil society.
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 Victimology written by William G. Doerner and published by Routledge. This book was released on 2011-05-09 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This breakthrough work provides an organizing structure for the history and current state of the field of victimology, and outlines the reasons compelling a separate focus on crime victims. Highly readable, Victimology explores the role of victimology in today’s criminal justice system, examining the consequences of victimization and the various remedies now available for victims. In addition to adding the latest developments in victimology, the authors have included a new chapter on property victimization, and have enhanced and expanded the chapter on personal victimization. The text is supplemented by learning tools including chapter-by-chapter learning objectives, key terms, illustrative figures and tables, and a listing of related Internet sites. * The text provides a comprehensive overview of the origins and scope of victimology, with detailed chapters on specific types of victimization * The authors offer analysis of policy decisions and historical events, with an eye toward future developments in the field * A key chapter highlights the important global impact of restorative justice on responding to the plight of victims * The ever-changing dynamics of contemporary work and school victimization are dissected with special attention to causes and societal responses * The text is supplemented by learning tools including chapter-by-chapter learning objectives, key terms, illustrative figures and tables, and listings of related Internet sites
Download or read book Unjust Enrichment written by Peter Birks and published by OUP Oxford. This book was released on 2005-01-13 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.
Download or read book The Book of Forgiving written by Desmond Tutu and published by Harper Collins. This book was released on 2014-03-18 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Archbishop Desmond Tutu, Nobel Peace Prize winner, Chair of The Elders, and Chair of South Africa’s Truth and Reconciliation Commission, along with his daughter, the Reverend Mpho Tutu, offer a manual on the art of forgiveness—helping us to realize that we are all capable of healing and transformation. Tutu's role as the Chair of the Truth and Reconciliation Commission taught him much about forgiveness. If you asked anyone what they thought was going to happen to South Africa after apartheid, almost universally it was predicted that the country would be devastated by a comprehensive bloodbath. Yet, instead of revenge and retribution, this new nation chose to tread the difficult path of confession, forgiveness, and reconciliation. Each of us has a deep need to forgive and to be forgiven. After much reflection on the process of forgiveness, Tutu has seen that there are four important steps to healing: Admitting the wrong and acknowledging the harm; Telling one's story and witnessing the anguish; Asking for forgiveness and granting forgiveness; and renewing or releasing the relationship. Forgiveness is hard work. Sometimes it even feels like an impossible task. But it is only through walking this fourfold path that Tutu says we can free ourselves of the endless and unyielding cycle of pain and retribution. The Book of Forgiving is both a touchstone and a tool, offering Tutu's wise advice and showing the way to experience forgiveness. Ultimately, forgiving is the only means we have to heal ourselves and our aching world.
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 Restitution in Criminal Justice written by Joe Hudson and published by . This book was released on 1976 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Varieties of Transition written by Claus Offe and published by MIT Press. This book was released on 1997 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nine essays in this volume explore such topics as the characteristics and shortcomings of state socialist societies and of democratic capitalism, the role of ethnic politics in East European transitions, issues of retribution and restitution in the transition to a democratic society based on a private economy, and the effects the collapse of Communism have had on Western democracies and on the Left in particular.
Download or read book Law of Remedies written by Dan B. Dobbs and published by . This book was released on 1993 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of : Handbook on the law of remedies. 1973.
Download or read book Rethinking Unjust Enrichment written by Warren Swain and published by Oxford University Press. This book was released on 2023-11-11 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.
Download or read book The Law of Obligations written by Andrew Robertson and published by Routledge. This book was released on 2012-07-23 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays makes an important contribution to debate about the structure underlying private law and the relationships between its different branches. The contributors, including leading private law scholars from Australia, England and Canada, provide valuable insights by looking beyond the traditional categories and accepted structure of the law of obligations. This book covers three topics. The first is concerned with classification and the law of remedies. The chapters on this topic deal with both the classification of remedies themselves and with remedial issues that cross classificatory boundaries within the law of obligations. The chapters on the second topic reconsider some of the boundaries drawn by judges and scholars within the law of obligations. The third topic deals with the relationship between obligations and property. The chapters in this book offer illuminating new perspectives on fundamental issues in the law of obligations. Together, they provide a thought-provoking reconsideration of connections and boundaries in private law.
Download or read book Unjust Enrichment and Public Law written by Rebecca Williams and published by Bloomsbury Publishing. This book was released on 2010-06-30 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, [2013] EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another [2012] UKSC 19
Download or read book The Foundations of Unjust Enrichment written by Peter Birks and published by Victoria University Press. This book was released on 2002 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Six public lectures given by Peter Birks when he was the Centennial Visiting Fellow at the Victoria University of Wellington Law School in August and September 1999.
Download or read book The Law of Unjust Enrichment written by Robert Goff Baron Goff of Chieveley and published by . This book was released on 2016 with total page 1047 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies."
Download or read book Breach of Trust written by Peter Birks and published by Hart Publishing. This book was released on 2002-07-05 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent leading cases have demonstrated the urgent need to modernize the learning on breach of trust. This book, written by a team of leading trust lawyers from a number of common law jurisdictions, investigates all the principal aspects of the subject.
