Download or read book The Change of Position Defence written by Elise Bant and published by Bloomsbury Publishing. This book was released on 2009-05-27 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'.

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 The Principles of the Law of Restitution written by Graham Virgo and published by OUP Oxford. This book was released on 2015-08-14 with total page 815 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. It has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject. Following important decisions of the Supreme Court and other courts, large-scale changes have been made to the chapters on enrichment, at the expense of the claimant, mistake, claims against public authorities, and change of position. Additionally, this edition contains a new chapter on the operation of juridical bars on restitutionary claims. References to developments in other jurisdictions have been expanded for this edition, reflecting the significance of these changes and how they assist in the interpretation of English law and provide a basis for criticising that law. Further, in the light of leading cases and the contributions of restitutionary scholars around the world, the author's views on specific controversial debates about the ambit, function, and interpretation of the subject have changed, sometimes radically. One significant aspect of the book remains unchanged: the book continues to focus on the identification and analysis of the principles which underpin the law of restitution as a whole, but with reference to its three distinct parts: unjust enrichment, restitution for wrongs, and the vindication of property rights. This approach provides the reader with a peerless guide to the law of restitution.

Download or read book Defences in Unjust Enrichment written by Andrew Dyson and published by Bloomsbury Publishing. This book was released on 2016-01-14 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the second in a series of essay collections on defences in private law. It addresses defences to liability arising in unjust enrichment. The essays are written from a range of perspectives and methodologies. Some are doctrinal, others are theoretical, and several offer comparative insights. The most important defence in this area of the law, change of position, is addressed in detail, but many other defences are treated too, as well as the interrelations between these defences within the law of unjust enrichment. The essays offer novel claims and ways of looking at problems in this challenging area of legal study.

Download or read book The Restatement Third Restitution and Unjust Enrichment written by Charles Mitchell and published by A&C Black. This book was released on 2014-07-18 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.

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 Restitution of Overpaid Tax written by Steven Elliott KC and published by A&C Black. This book was released on 2014-07-18 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the decision of the House of Lords in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70, the law governing claims for restitution of overpaid tax has experienced rapid and profound evolution. This has been so not only in England, but also elsewhere in the common law world as well as on the European plane. The essays in this collection consider the new landscape, and explore from various doctrinal and national perspectives the issues that have confronted, and continue to confront, the courts.

Download or read book The Nature and Scope of Restitution written by Peter Jaffey and published by Bloomsbury Publishing. This book was released on 2000-09-16 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joint Winner of the 2001 SPTL Prize for Outstanding Legal Scholarship! In recent years there has been enormous interest in the law of restitution,with many new books and academic articles and a number of important decisions in the courts. However, there remains great controversy and some confusion, partly for historical reasons and partly as a result of continuing differences over the principles underlying the field. There are particular difficulties over the relation of the law of restitution to other areas of law, including contract and property law. In this new and innovative work the author advances a view of the framework of fundamental principles underlying the law of restitution which offers a means of understanding the tangle of conflicting authorities, and then proceeds to examine the case law in light of it. As part of his analysis, the author suggests new approaches to understanding the areas of overlap between restitution, contract, trusts and property law.

Download or read book Unjust Enrichment written by James Edelman and published by Bloomsbury Publishing. This book was released on 2016-08-25 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.

Download or read book Modern Studies in Property Law Volume 6 written by Susan Bright and published by Bloomsbury Publishing. This book was released on 2011-05-13 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Modern Studies in Property Law Conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. The eighth biennial conference was held at the University of Oxford in March 2010, and this book is the sixth in the series Modern Studies in Property Law. The volume is a refereed and revised selection of the papers given at the Oxford conference, covering a broad range of topics of contemporary importance, both nationally and internationally. The book includes chapters written by the key speakers at the conference: Lady Justice Arden, Professor Kevin Gray and Law Commissioner, Professor Elizabeth Cooke.

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 347 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 Law at the Cutting Edge written by Sinéad Agnew and published by Bloomsbury Publishing. This book was released on 2024-04-04 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection celebrates the immense contribution of Sarah Worthington to the field of private law. Defining the subject broadly, experts from the judiciary and the academy address contemporary challenges arising in the fields of agency, company law and insolvency, contract law, equity, the law of money, personal property, restitution and unjust enrichment. The breadth of the contributors' expertise and their willingness to offer innovative and insightful solutions to difficult problems perfectly mirror Sarah Worthington's rigorous and inspirational approach to private law scholarship.

Download or read book Subrogation and Marshalling written by Rory Gregson and published by Bloomsbury Publishing. This book was released on 2024-10-31 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and thought-provoking book studies how subrogation and marshalling should be understood in the context of private law. Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else's extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation's role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.

Download or read book English Private Law written by Andrew Burrows and published by OUP Oxford. This book was released on 2013-08-08 with total page 14826 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this work has established itself as a key point of reference on English private law for lawyers in the UK and throughout the world. The book acts as an accessible first point of reference for practitioners approaching a private law issue for the first time, whilst simultaneously providing a lucid, concise and authoritative overview of all the key areas of private law. This includes contract, tort, unjust enrichment, land law, trusts, intellectual property, succession, family, companies, insolvency, private international law and civil procedure. Each section is written by an acknowledged expert, using their experience and understanding to provide a clear distillation and analysis of the subject. This new edition includes all the recent developments since the publication of the second edition in 2007. It covers some areas that were previously not addressed including arbitration in civil procedure, the Human Rights Act 1998 in tort law, and regulatory reform in the light of the global financial crisis. No other single text provides such comprehensive and lucid coverage of the whole of English private law as this one. It has come to be regarded as an essential item for every law library, reflecting its appeal to both English practitioners and those working in other jurisdictions. At the same time the book's depth of analysis, combined with its ease of reference, make it a favourite among academics and students worldwide.

Download or read book Commercial Law written by M. A. Clarke and published by Oxford University Press. This book was released on 2017 with total page 1221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial Law: Text, Cases, and Materials provides students with an extensive and valuable range of extracts from key cases and writings in this most dynamic field of law. The authors' expert commentary and questions enliven each topic while emphasizing the practical application of the law in its business context. Len Sealy and Richard Hooley have been joined by four renowned experts in the field for the preparation of this edition. The authors have captured the essence of this fascinating topic at a time of significant legislative, regulatory, and political change.

Download or read book Principles of the English Law of Obligations written by Andrew Burrows and published by Oxford University Press. This book was released on 2016-12-01 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of the English Law of Obligations provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include contract, tort and equitable wrongs, unjust enrichment, and remedies. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of the English law of obligations, including contract and tort, which are compulsory subjects for law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.

Download or read book The Law of Waiver Variation and Estoppel written by Sean Wilken and published by OUP Oxford. This book was released on 2012-02-02 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: The doctrines of waiver, variation and estoppel are relied upon to justify or criticize a party's changed position as to its contractual obligations. This book provides a complete practitioner guide to these complex but important doctrines, analysing their basic foundations and their relationship with other areas of law including contract, restitution, and equity. As well as clarifying and explaining these doctrines in relation to other areas it also considers their application in various aspects of commercial law. This new edition provides a thorough analysis of the increasing trend in commercial parties to insert "no waiver" clauses into contracts and considers the behaviour adopted by the courts in relation to these and other matters. It also includes coverage of important cases such as the House of Lords decision in Yeoman v Cobbe, Dallah Real Estate v Pakistan Ministry of Religious Affairs and those such as the Scottish decision in City Inns which demonstrate an on-going confusion and uncertainty in the analysis and application of these doctrines.