An Introduction to the Law of Restitution

Author: Peter Birks

Publisher: Oxford University Press

ISBN: 9780198760740

Category: Law

Page: 455

View: 595

This new edition of a landmark study of the law of restitution has been substantially revised and updated. Concentrating on structural principles rather than detailed rules, the book is an invaluable guide to this difficult area of law.
Posted in Law

An Introduction to Comparative Law

The Framework

Author: Konrad E. Zweigert,Hein Kötz

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 752

View: 7445

An Introduction to Comparative Lawfirst appeared in two volumes in 1987. Volume I discussed the nature of comparative law and then concentrated on a survey of the main features of the major groupings of the world's legal systems. Volume II focused on contract, tort, and unjust enrichment as major departments of private law. Now published for the first time in paperback, the two volumes have been combined into one to provide a comprehensive guide to the relationship between the world's legal systems.
Posted in Law

The Rights of Parties to Illegal Transactions

Author: Neil Thompson

Publisher: Federation Press

ISBN: 9781862870369

Category: Contracts

Page: 233

View: 4284

26 chapters focus on the conflict between the prohibition of illegal contracts on the ground of public policy and the fair, morally just, claims of parties to such contracts which can arise, and on the extraordinary range of judicial solutions to the conflict. The chapters cover the ambit of the related maxims ex turpi causa and in pari delictu; restitution (8 chapters); enforcement; illegality; and third parties. They conclude with pleadings and practice.
Posted in Contracts

Understanding the Law of Obligations

Essays on Contract, Tort and Restitution

Author: Andrew Burrows

Publisher: Bloomsbury Publishing

ISBN: 1847311423

Category: Law

Page: 248

View: 8166

NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review
Posted in Law

Consequences of Impaired Consent Transfers

A Structural Comparison of English and German Law

Author: Birke Häcker

Publisher: Bloomsbury Publishing

ISBN: 1782253653

Category: Law

Page: 408

View: 6629

Legal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Häcker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations. This book is a re-publication of a work first published by Mohr Siebeck in Germany.
Posted in Law

Unjust Enrichment and Contract

Author: Tariq Baloch

Publisher: Bloomsbury Publishing

ISBN: 1847314988

Category: Law

Page: 228

View: 1031

This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context. Firstly, the orthodox account correctly proceeds on the basis that the restitutionary claim in the contractual context is founded on an independent cause of action in unjust enrichment, rather than some equitable notion of unconscientiousness or the law of contract. Secondly, the book departs from the orthodox account by rejecting the unjust factors approach and endorsing the absence of basis approach for the law of unjust enrichment. Finally, the book argues that the right to restitution in the contractual context should be determined by the conditionality of the transfer of the benefit rather than a requirement such as the termination of the contract, as the orthodox account dictates. To that end the book proposes the following model, under which the right to restitution in the contractual context is determined by the resolution of the following two questions: (1) Was the transfer of the benefit (eg of money or services) conditional? (2) Was there a qualifying failure of condition? A condition can be, and often is, the other contracting party's counter-performance, but it may also be an event not promised by either party. What qualifies as a failure of condition depends on the type of contract in question. This book identifies two types of contracts, namely those which are apportioned (eg instalment contracts) and those which are unapportioned. It is only in relation to the latter that termination is required. It is a particular strength of the book that it is underpinned by detailed and original historical analysis which makes a novel and distinct contribution to the history of the laws of unjust enrichment and contract. 'Dr Baloch has produced the definitive study of the inter-relationship between contract and unjust enrichment. This has been achieved by carefully considering the historical roots of our common law, and how this is to be understood in its best light in the modern era.' Robert H Stevens, University College, London. 'Dr Baloch's exploration of the boundary between contractual and unjust enrichment liability in the 17th to 19th centuries has important things to say about the history of ideas of 'contract' in this period.' Mike Macnair, Oxford University. 'This is an innovative and rigorous book which engages with one of the most difficult areas in the law of unjust enrichment, namely the relationship between the law of unjust enrichment and the law of contract. Baloch roots his treatment of the modern law in its history and the historical analysis throughout is very careful and well grounded in the primary sources.' David Ibbetson, Cambridge University. 'This is a valuable book, thoughtful and well researched. It is concerned to build a model that fits comfortably with the cases, and its focus is on the work of modern commentators. Those concerned with the relationship of contract and the law of restitution whether at a theoretical level or in practice will benefit by careful study of what Dr Baloch has to say, whether or not they agree with it.' Jack Beatson, Royal Courts of Justice, 14 February 2009 (From the foreword)
Posted in Law

The Law of Restitution in Nigeria

Author: Festus Emiri

Publisher: African Books Collective

ISBN: 9785157830

Category: Law

Page: 652

View: 1698

The Law of Restitution in Nigeria covers the historical development of restitution in law, its scope, and contemporary issues related to it. Some of the issues covered are: Ignorance; Incapacity; Exploitation; Enrichment at the plaintiffs expense; Restitution for wrongs and general principles, torts, breach of contract, equitable wrongdoing, criminal offenses; Defenses relating to changing circumstances; Illegality; and limitation of actions in restitution.
Posted in Law

Structure and Justification in Private Law

Essays for Peter Birks

Author: Charles E F Rickett,Ross Grantham

Publisher: Bloomsbury Publishing

ISBN: 1847314120

Category: Law

Page: 492

View: 1393

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
Posted in Law

Introduction to comparative law

Author: Konrad Zweigert,Hein Kötz

Publisher: N.A

ISBN: 9780198256069

Category: Law

Page: 416

View: 6239

The second edition of this highly acclaimed text, first published in English in 1977, is an invaluable introduction to comparative law. The authors cover all angles of the subject from the general concept, functions, and history of comparative law to more sophisticated aspects of contract and tort law.
Posted in Law

Pre-contractual Rights and Remedies

Restitution and Promissory Estoppel

Author: D. Y. K. Fung

Publisher: N.A

ISBN: N.A

Category: Contracts

Page: 186

View: 1924

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.
Posted in Contracts

Europäisches Vertragsrecht

Author: Hein Kötz

Publisher: Mohr Siebeck

ISBN: 9783161537677

Category: Law

Page: 549

View: 7982

English summary: This volume deals with the contract law of the European legal systems. What are the essential rules of these systems on the formation and validity of contracts? What rules apply to a party's right to bring a claim for performance, to terminate the contract or to claim damages for breach? While the discussion is based on the national rules, they are taken into account only as local variations on a European theme. To what extent is it therefore possible to speak of a common European law of contract? What contributions do the "Principles of European Contract Law" and the proposal of the "Draft Common Frame of Reference" make? This book is not only aimed at helping to teach young Europeans lawyers, but also strives to assist those engaged in the reform of national contract law or the drafting of uniform European legislation. The first 1996 edition of the volume has now been updated and completed. German description: Unter "Europaischem Vertragsrecht" versteht dieses Buch die Regeln, die den Rechtsordnungen der europaischen Lander gemeinsam sind: Wie kommt ein gultiger Vertrag zustande? Nach welchen Regeln wird beurteilt, ob eine Vertragspartei die Erfullung des Vertrages verlangen, von dem Vertrag Abstand nehmen, ihn widerrufen oder kundigen oder den Kontrahenten auf Schadensersatz in Anspruch nehmen kann? Lassen sich auf dem Gebiet des Vertragsrechts gemeineuropaische Strukturen auffinden? Gibt es allgemein akzeptierte Regeln? Wie sind sie zu formulieren, wenn man die "Prinzipien des Europaischen Vertragsrechts" oder die Vorschlage des "Draft Common Frame of Reference" berucksichtigt? Dabei werden die Losungen der nationalen Rechtsordnungen ausfuhrlich - wenn auch stets nur als nationale Variationen eines europaischen Themas - behandelt. Das Buch kann deshalb bei der rechtsvergleichenden Ausbildung der jungen europaischen Juristen eine Rolle spielen, ferner auch dort, wo e s um die Vorbereitung europaischen Gesetzesrechts oder um die Reform der nationalen Vertragsrechte geht. Das Buch ist in einer ersten unvollstandigen Auflage schon 1996 erschienen. Die Neuauflage bringt den Text auf den neuen Stand und erganzt ihn um die damals noch fehlenden Abschnitte.
Posted in Law

Journal of Contract Law

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Contracts

Page: N.A

View: 6609

Posted in Contracts

Restitution Law Review

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Restitution

Page: N.A

View: 7767

Posted in Restitution

Enrichment and Restitution in New Zealand

Author: Ross Grantham,C. E. F. Rickett

Publisher: Hart Pub Limited

ISBN: N.A

Category: Law

Page: 516

View: 8554

The law of restitution has developed apace, taking its doctrinal starting point for the most part from the principle of unjust enrichment. This principle however has proved itself to be theoretically unstable, particularly in respect of the proper relationship of restitution with other bodies of law. This book is an account of the law of restitution which provides coherence in its relationship 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 which also reflects a contextual coherence. One important consequence of this reformulation is that the subject matter which falls properly within the ambit of the law of restitution is considerably less than is currently supposed. Although directed to the substantive law of New Zealand, the book is an important contribution to the developing theoretical organization of the law and extends far beyond that jurisdiction.
Posted in Law

The German Law of Obligations: The law of torts

Author: Basil Markesinis,Werner Lorenz,Gerhard Dannemann

Publisher: N.A

ISBN: 9780198260530

Category: Contracts

Page: 992

View: 3786

With its companion volume, The Law of Torts, this two-volume work provides a full scale treatise on the German Law of Obligations (Contract, Restitution and Tort) written in a comparative way and with a Common Law reader in mind. A commentary, which amounts to about half of the book, is accompanied by some 250 translations of leading German cases. This should prove a useful work for students and academics with an interest in German and Comparative law.
Posted in Contracts

The Structure of Property Law

Author: Ben McFarlane

Publisher: Hart Pub Limited

ISBN: N.A

Category: Law

Page: 955

View: 3844

Shortlisted for the Peter Birks Prize for Outstanding Legal Scholarship 2009In its essence, property law has to provide answers to two very difficult questions: who is entitled to use property, and how are they entitled to use it? Property law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This book provides a new perspective on property law. By setting out an underlying structure, it allows the reader to understand the fundamental principles of this difficult subject. By providing detailed coverage of individual topics, it shows how those principles apply in practice and provides a comprehensive resource for anyone studying, teaching, researching or practising in property law. The book is written in an accessible style, with frequent summaries and, in both its pages and companion web-site it makes use of helpful visual aids. It is ideal reading for law students seeking a rock-solid understanding of how property law and land law work, and contains sufficient detail for use as a course book in:" Property Law" Land Law" Personal Property LawThe book also provides detailed analysis of core topics in:" Equity & Trusts" Commercial Law" Unjust Enrichment & RestitutionSee the companion website for this book:www.hartpub.co.uk/companion/propertylaw.html.
Posted in Law

Philosophical Foundations of the Law of Unjust Enrichment

Author: Robert Chambers,Charles Christopher James Mitchell,James E. Penner

Publisher: OUP Oxford

ISBN: N.A

Category: Law

Page: 446

View: 4850

This volume takes stock of the rapid changes to the law of unjust enrichment over the last decade. It offers a set of original contributions from leading private law theorists examining the philosophical foundations of the law. The essays consider the central questions raised by demarcating unjust enrichment as a separate area of private law - including how its normative foundations relate to those of other areas of private law, how the concept of enrichment relates to property theory, how the remedy of restitution relates to principles of corrective justice and what role mental elements should play in shaping the law.
Posted in Law

The Banker's Remedy of Set-off

Author: Sheelagh McCracken

Publisher: Lexis Pub

ISBN: N.A

Category: Law

Page: 234

View: 6943

Posted in Law

Introduction to Law

Author: Jaap Hage,Bram Akkermans

Publisher: Springer

ISBN: 3319069101

Category: Law

Page: 344

View: 5642

This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.
Posted in Law