A New Reason For Restitution
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Author | : Steven Elliott KC |
Publisher | : A&C Black |
Total Pages | : 676 |
Release | : 2014-07-18 |
Genre | : Law |
ISBN | : 1782251227 |
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.
Author | : Andrew S. Burrows |
Publisher | : Oxford University Press |
Total Pages | : 789 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0199296529 |
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.
Author | : Simone Degeling |
Publisher | : |
Total Pages | : |
Release | : 2010 |
Genre | : |
ISBN | : |
The law of unjust enrichment admits a novel policy motivated unjust factor called the policy against accumulation. This applies where a claimant (R) receives a benefit, or has the right to recover a debt or damages from another party (X), and receives or has the right to receive value in respect of the same debt or damage from a third party (Y). The claimant is rarely permitted to retain both the transfers made by X and Y. In other words, R may not accumulate and one transfer must be reversed. This article contends that the right of a third party to participate in damages recovered by the claimant is best explained by the policy against accumulation. The focus of this inquiry is to illustrate the operation of this novel unjust factor by placing in parallel three House of Lords decisions: Hunt v Severs [1994] 2 AC 350, Dimond v Lovell [2000] 2 WLR 1121, and Lord Napier and Ettrick v Hunter [1993] AC 713.
Author | : Graham Virgo |
Publisher | : Oxford University Press |
Total Pages | : 913 |
Release | : 2024-07-25 |
Genre | : Law |
ISBN | : 0198885326 |
The fourth edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. Substantially rewritten to reflect significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject, this book is grounded in its clarity of exposition and analysis. The new edition significantly expands existing chapters on the treatment of the history of unjust enrichment, enrichment, the treatment of legally effective bases for receipt, and compulsion. It further expands existing parts on restitution for wrongs and proprietary restitutionary claims as well as offering completely new chapters dealing with 'at the claimant's expense', 'absence of intent', and the defence of illegality. Focusing primarily on English law, the volume also engages with the law in other common law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. It provides a clear exposition of complex areas of law as well as critical analysis of that law. Timely and comprehensive, this book provides readers with a crucial guide to the law of restitution and will continue to be invaluable to student, academics, and practitioners alike.
Author | : James Edelman |
Publisher | : Bloomsbury Publishing |
Total Pages | : 480 |
Release | : 2016-08-25 |
Genre | : Law |
ISBN | : 1782255621 |
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.
Author | : William Cornish |
Publisher | : Bloomsbury Publishing |
Total Pages | : 247 |
Release | : 1998-07-01 |
Genre | : Law |
ISBN | : 184731676X |
The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of the Law of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring. In these essays, written by a group of the world's leading restitution scholars, the opportunity is taken to conduct a fresh appraisal of the development of the subject - to look, in other words, at the past, present, and future of the law of restitution. Contributors: John Baker, Peter Birks, Justice Finn, Roy Goode, Ewan McKendrick, Justice McLachlin, Sir Peter Millett, Lord Nicholls of Birkenhead, Richard Nolan, Janet O'Sullivan, Graham Virgo (as well as shorter contributions from invited commentators).
Author | : |
Publisher | : |
Total Pages | : 1356 |
Release | : 1900 |
Genre | : Civil procedure |
ISBN | : |
Author | : Ḥanokh Dagan |
Publisher | : Cambridge University Press |
Total Pages | : 402 |
Release | : 2004-08-12 |
Genre | : Business & Economics |
ISBN | : 9780521829045 |
This 2004 book provides acomprehensive account of the American law of restitution.
Author | : Michael J. Bazyler |
Publisher | : NYU Press |
Total Pages | : 393 |
Release | : 2007-06 |
Genre | : History |
ISBN | : 0814799876 |
"Bazyler and Alford have produced an essential tool for understanding the righteous struggle to win restitution for Holocaust victims and their heirs." --Richard Z. Chesnoff, author of Pack of Thieves: How Hitler & Europe Plundered the Jews & Committed The Greatest Theft In History"This excellent volume makes a significant contribution both to legal studies and to the history of the Holocaust. The editors deserve special praise for including chapters by Holocaust survivors, assuring that their often-forgotten voices are not lost within the great debate about Holocaust restitution."--Marilyn J. Harran, Stern Chair in Holocaust History, Chapman University"An invaluable text for students and scholars as well as a fascinating read for all those concerned with Holocaust and genocide issues in all disciplines and on behalf of all victims."--Israel W. Charny, President, International Association of Genocide Scholars "This unique collection is important in bringing together the perspectives of legal practitioners, activists, archivists and historians, negotiators, and survivors. It is remarkably comprehensive. . . . The editors have not shied away from controversy."--David Cesarani, Research Professor in History, Royal Holloway, University of London"If there is a 'final frontier' in understanding the Holocaust, it is the assessment of international litigation, compensation, and reparations claims. This extraordinary group of contributions thoughtfully reflects on the Holocaust, past and present, as well as what many would call 'imperfect justice.'"--Stephen Feinstein, Professor of History and Director, Center for Holocaust and Genocide Studies, University of Minnesota"This collection of essayson Holocaust restitution litigation provides a wonderful overview
Author | : Alistair Hudson |
Publisher | : Routledge |
Total Pages | : 405 |
Release | : 2013-03-04 |
Genre | : Law |
ISBN | : 1135334277 |
First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.