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Restitutionary Rights to Share in Damages

Restitutionary Rights to Share in Damages Author Simone Degeling
ISBN-10 1139435590
Release 2003-06-12
Pages
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Rights and obligations can arise, amongst other things, in tort or in unjust enrichment. Simone Degeling deals with the phenomenon whereby a stranger to litigation is entitled to participate in the fruits of that litigation. Two prominent examples of this phenomenon are the carer, entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, entitled to participate in the fruits of the insured's claim against the wrongdoer. Degeling demonstrates that both are rights raised to reverse unjust enrichment. Careful examination of these two categories reveals the existence of a novel policy-motivated unjust factor called the policy against accumulation. Degeling argues that this is an unjust factor of broad application, applying to configurations other than that of the carer and the indemnity insurer. This will interest restitution and tort lawyers, both academic and practitioner, as well as academic institutions and court libraries.



Informal Carers and Private Law

Informal Carers and Private Law Author Brian Sloan
ISBN-10 9781782250463
Release 2012-12-07
Pages 290
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Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014



New Perspectives on Property Law

New Perspectives on Property Law Author Alistair Hudson
ISBN-10 9781135334277
Release 2013-03-04
Pages 440
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There is a huge body of case law that has built up over many years concerning obligations and restitution. Alastair Hudson's study draws attention to this aspect of the law with regard to property.



Remedies in Australian Private Law

Remedies in Australian Private Law Author Katy Barnett
ISBN-10 9781107610835
Release 2014-05-02
Pages 552
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Remedies in Australian Private Law offers a clear, logical and complete treatment of remedies in common law, equity and statute. Designed in response to the rapid expansion of interest in this field of law, this book provides readers with a theoretical and practical framework for understanding the principles of private law remedies and how they are applied. Clearly structured with a strong black-letter law focus, this book includes detailed coverage of remedies for tort, breach of contract, the Australian Consumer Law and equitable obligations. It also includes discussion of theoretical perspectives on issues such as the fusion of common law and equity, the nature of reasonable fee awards and the concept of unjust enrichment. The systematic and accessible approach set out in this book will enable students, practitioners and others to develop an overarching conception of remedial law, and thereby enhance their capacity to analyse legal problems and find the best solutions.



English Private Law

English Private Law Author Andrew Burrows
ISBN-10 9780191637889
Release 2013-08-08
Pages 1704
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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.



Structure and Justification in Private Law

Structure and Justification in Private Law Author Charles E F Rickett
ISBN-10 9781847317094
Release 2008-02-27
Pages 492
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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



Monash University law review

Monash University law review Author
ISBN-10 UCAL:B5155651
Release 2004
Pages
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Monash University law review has been writing in one form or another for most of life. You can find so many inspiration from Monash University law review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Monash University law review book for free.



Resulting Trusts

Resulting Trusts Author Robert Chambers
ISBN-10 0198764448
Release 1997
Pages 260
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The resulting trust has received little attention in recent years and this may be because, until relatively recently, the law relating to resulting trusts was thought to be settled and uncontroversial. Most of the current academic writing about resulting trusts is found in the established textbooks on equity and trusts, but these tend to provide little more than catalogues of the situations in which resulting trusts arise. There is, however, very little consensus on the principle by which the resulting trust operates, including the fundamental question whether it arises by opertaion of law or depends on the presumed intention to create a trust. This book examines the true nature of the resulting trust and the question whether the trusts brought into being to reverse unjust enrichment should not include resulting trusts. It then considers whether, when resulting trusts are properly understood, it does turn out that it is through the resulting trust that equity makes its principle contribution to reversing unjust enrichment. This book examines principally the case law of the UK, Canada and Australia, and it also makes reference to the views of academic commentators as found in the standard texts and law journals.



Michigan Law Review

Michigan Law Review Author
ISBN-10 NYPL:33433060978636
Release 2003-10
Pages
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Michigan Law Review has been writing in one form or another for most of life. You can find so many inspiration from Michigan Law Review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Michigan Law Review book for free.



A Sourcebook on Equity and Trusts in Australia

A Sourcebook on Equity and Trusts in Australia Author Michael Bryan
ISBN-10 9781107663213
Release 2016-02-10
Pages 700
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This title can be used as both a freestanding casebook and as a companion to the Equity and Trusts in Australia textbook. It follows a similar structure to Equity and Trusts in Australia and provides a selection of primary legal materials together with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools.



Books in Print

Books in Print Author
ISBN-10 UOM:39015062097749
Release 2005
Pages
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Books in print is the major source of information on books currently published and in print in the United States. The database provides the record of forthcoming books, books in-print, and books out-of-print.



Landmark Cases in the Law of Restitution

Landmark Cases in the Law of Restitution Author Charles Mitchell
ISBN-10 9781847310934
Release 2006-04-18
Pages 416
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It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.



The Law and Ethics of Restitution

The Law and Ethics of Restitution Author Hanoch Dagan
ISBN-10 0521829046
Release 2004-08-12
Pages 374
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Dagan's 2004 book provides a dynamic account of the American law of restitution. The book reviews the existing doctrine, using an ethical perspective to expose and examine critically the normative underpinnings of the core categories of restitution. Dagan also discusses some of the most controversial issues in the area, such as cohabitation, improper tax payments, and the role of constructive trusts as trumps in bankruptcy. He further tackles the recent restitution claims of slave laborers (or their descendants) against corporations that benefited from their enslavements, and of governmental bodies against injurious industries. Dagan argues that the concept of unjust enrichment is not an independent reason for restitution but, rather, serves as a loose framework. By integrating doctrinal and ethical analyses of restitution across the spectrum of restitution contexts, the author offers significant and provocative insights on existing law as well as possible reforms.



Equity and Trusts in Australia

Equity and Trusts in Australia Author Michael Bryan
ISBN-10 9781316621943
Release 2017-09
Pages 552
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Incorporating recent case law developments, the second edition of Equity and Trusts in Australia provides undergraduate and Juris Doctor students with a current and accessible introduction to Australian equitable and trust law. Expanding upon first edition content, the text includes greater depth of topic discussion, explanation of key theories and terminology, while demonstrating how these are applied in practice. Chapters including Fiduciary Obligations, Resulting Trusts and Constructive Trusts have been reworked to strengthen the text's coverage of all facets of equity and trusts law. Equity and Trusts in Australia, second edition links key doctrines to their wider relationship with the law, making it a fundamental text for students embarking on this area of study for the first time.



Consultation Paper

Consultation Paper Author
ISBN-10 STANFORD:36105061886599
Release 1996
Pages
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Consultation Paper has been writing in one form or another for most of life. You can find so many inspiration from Consultation Paper also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Consultation Paper book for free.



How To Say It

How To Say It Author Rosalie Maggio
ISBN-10 9781101215517
Release 2001-09-01
Pages 512
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This practical guide features comprehensive lists of words, phrases, sentences, and paragraphs that allow you to express yourself on any subject in your own voice and style. It teaches what to include and what to leave out when writing. Whether you want to sound formal or casual, traditional or contemporary, businesslike or lighthearted, distant or intimate, you’ll find here the words for every letter writing occasion, including: - Business letters - Personal letters - Get-well cards - Invitations - Resumes - And more! With helpful grammatical appendices and sample letters, say goodbye to your writing etiquette worries!



Consolidated Laws of New York

Consolidated Laws of New York Author New York (State)
ISBN-10 NYPL:33433076442130
Release 2004
Pages
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Consolidated Laws of New York has been writing in one form or another for most of life. You can find so many inspiration from Consolidated Laws of New York also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Consolidated Laws of New York book for free.