Author : Jason W. Neyers
Publisher : Hart Publishing
Page : 430 pages
File Size : 23,31 MB
Release : 2004-04
Category : Law
ISBN : 1841134236
The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.
Author : Mads Andenas
Publisher : BRILL
Page : 474 pages
File Size : 45,23 MB
Release : 2019-05-20
Category : Law
ISBN : 9004390936
General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.
Author : Donald J. Wolfe
Publisher : Lexis Nexis Matthew Bender
Page : 1020 pages
File Size : 37,84 MB
Release : 2000
Category : Law
ISBN : 9780820549040
This practitioner's guide to the Delaware Court of Chancery, provides practical guidance on litigation strategy and tactics. The Chancery Court's leading authorities provide a thorough analysis on matters unique to this special tribunal, including personal and subject matter jurisdiction of the Delaware Court of Chancery, derivative and class actions, preliminary injunctions and temporary restraining orders, summary proceedings and equitable remedies and defenses. This volume is updated annually.
Author : David Johnston
Publisher :
Page : 793 pages
File Size : 44,32 MB
Release : 2005-01-28
Category : Law
ISBN : 0511029292
Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
Author : Ḥanokh Dagan
Publisher : Cambridge University Press
Page : 402 pages
File Size : 23,96 MB
Release : 2004-08-12
Category : Business & Economics
ISBN : 9780521829045
This 2004 book provides acomprehensive account of the American law of restitution.
Author : Charles Mitchell
Publisher : Bloomsbury Publishing
Page : 271 pages
File Size : 32,14 MB
Release : 2006-04-18
Category : Law
ISBN : 1847316956
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.
Author : Douglas Laycock
Publisher : Oxford University Press, USA
Page : 375 pages
File Size : 46,63 MB
Release : 1991
Category : Equitable remedies
ISBN : 0195063562
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
Author : Robert Goff Baron Goff of Chieveley
Publisher :
Page : 1047 pages
File Size : 17,6 MB
Release : 2016
Category : Restitution
ISBN : 9780414055230
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."
Author : Christian von Bar
Publisher : sellier. european law publ.
Page : 777 pages
File Size : 13,68 MB
Release : 2010
Category : Law
ISBN : 3935808623
"Unjustified enrichment" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. In recent years, unjustified enrichment has been one of the most intellectually animated areas of private law. In an area of law whose territory is still partially uncharted and whose boundaries are contested, this volume of the series Principles of European Law will be invaluable for academic analysis of the law and its development by the courts. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but provides also a fairly detailed indication of the present legal situation in the Member States.
Author : George E. Palmer
Publisher :
Page : 748 pages
File Size : 49,8 MB
Release : 1978
Category : Restitution
ISBN :
