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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 9781108265850
Release 2018-08-31
Pages
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The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application. This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies. With its systematic and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law, and to analyse legal problems and identify appropriate remedial solutions.



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.



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.



Damages in Tort

Damages in Tort Author David K. Allen
ISBN-10 042158310X
Release 2000
Pages 313
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Deals with all aspects of damages awards in tort, providing a clear exposition of the law in a practical context. This text also includes chapters on damages to reputation and economic loss arising from negligent acts.



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.



Elder Mistreatment

Elder Mistreatment Author Panel to Review Risk and Prevalence of Elder Abuse and Neglect
ISBN-10 9780309084345
Release 2003-01-06
Pages 570
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Since the late 1970s when Congressman Claude Pepper held widely publicized hearings on the mistreatment of the elderly, policy makers and practitioners have sought ways to protect older Americans from physical, psychological, and financial abuse. Yet, during the last 20 years fewer than 50 articles have addressed the shameful problem that abusers-and sometimes the abused themselves-want to conceal. Elder Mistreatment in an Aging America takes a giant step toward broadening our understanding of the mistreatment of the elderly and recommends specific research and funding strategies that can be used to deepen it. The book includes a discussion of the conceptual, methodological, and logistical issues needed to create a solid research base as well as the ethical concerns that must be considered when working with older subjects. It also looks at problems in determination of a report's reliability and the role of physicians, EMTs, and others who are among the first to recognize situations of mistreatment. Elder Mistreatment in an Aging America will be of interest to anyone concerned about the elderly and ways to intervene when abuse is suspected, including family members, caregivers, and advocates for the elderly. It will also be of interest to researchers, research sponsors, and policy makers who need to know how to advance our knowledge of this problem.



Assisting Victims of Terrorism

Assisting Victims of Terrorism Author Rianne Letschert
ISBN-10 9048130255
Release 2009-12-04
Pages 348
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The fight against terrorism is receiving increased awareness due to recent wor- wide large-scale terrorist acts, and only since then has some attention been directed specifically to victims of terrorism. Existing legal instruments of international b- ies like the European Union, the Council of Europe and the United Nations c- cerning victims of terrorism are relatively abstract or include victims of terrorism under the broader heading of victims of crime in general. In addition, policies and legislation relating to victims of crime or victims of terrorism vary widely on the domestic level. Against this background, the European Union commissioned a project that should aim to develop more extensive standards for the aid and ass- tance of victims of terrorism at the European level. This study provides the basis from which more extensive standards could be derived. The study focuses parti- larly on developing standards in the field of continuing assistance, access to justice, administration of justice and compensation to victims of terrorism. A novel feature of the approach is that also the possible utility of restorative justice approaches is examined. An important question to address was whether there is a real need to adopt s- cific standards for victims of terrorism, thereby implying that their needs might differ from victims of ordinary crime.



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!



A Law of Blood ties The Right to Access Genetic Ancestry

A Law of Blood ties   The  Right  to Access Genetic Ancestry Author Alice Diver
ISBN-10 9783319010717
Release 2013-08-28
Pages 306
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This text collates and examines the jurisprudence that currently exists in respect of blood-tied genetic connection, arguing that the right to identity often rests upon the ability to identify biological ancestors, which in turn requires an absence of adult-centric veto norms. It looks firstly to the nature and purpose of the blood-tie as a unique item of birthright heritage, whose socio-cultural value perhaps lies mainly in preventing, or perhaps engendering, a feared or revered sense of ‘otherness.’ It then traces the evolution of the various policies on ‘telling’ and accessing truth, tying these to the diverse body of psychological theories on the need for unbroken attachments and the harms of being origin deprived. The ‘law’ of the blood-tie comprises of several overlapping and sometimes conflicting strands: the international law provisions and UNCRC Country Reports on the child’s right to identity, recent Strasbourg case law, and domestic case law from a number of jurisdictions on issues such as legal parentage, vetoes on post-adoption contact, court-delegated decision-making, overturned placements and the best interests of the relinquished child. The text also suggests a means of preventing the discriminatory effects of denied ancestry, calling upon domestic jurists, legislators, policy-makers and parents to be mindful of the long-term effects of genetic ‘kinlessness’ upon origin deprived persons, especially where they have been tasked with protecting this vulnerable section of the population.



Australian Current Law

Australian Current Law Author
ISBN-10 PSU:000051126230
Release 2000
Pages
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Australian Current Law has been writing in one form or another for most of life. You can find so many inspiration from Australian Current Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Australian Current Law book for free.



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.