The Impact of Equity and Restitution in Commerce

The Impact of Equity and Restitution in Commerce
Author: Peter Devonshire
Publisher: Bloomsbury Publishing
Total Pages: 316
Release: 2018-11-29
Genre: Law
ISBN: 1509915664

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

Law of Remedies

Law of Remedies
Author: Dan B. Dobbs
Publisher:
Total Pages: 1146
Release: 1993
Genre: Remedies (Law)
ISBN:

Rev. ed. of : Handbook on the law of remedies. 1973.

Restitution and Equity Volume 1: Resulting Trusts and Equitable Compensation

Restitution and Equity Volume 1: Resulting Trusts and Equitable Compensation
Author: Peter Birks
Publisher: Taylor & Francis
Total Pages: 450
Release: 2020-11-25
Genre: Law
ISBN: 1000288137

The first part of this volume collates papers from the Second Mansfield Symposium, which examined the areas of equity, trusts and restitution. The second part addresses the emerging field of equitable compensation and its implications.

The Principles of the Law of Restitution

The Principles of the Law of Restitution
Author: Graham Virgo
Publisher: Oxford University Press
Total Pages: 913
Release: 2024-04-25
Genre: Law
ISBN: 0198885415

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.

Remedies

Remedies
Author: Robert S. Thompson
Publisher: McGraw-Hill/Irwin
Total Pages: 1060
Release: 1993-03
Genre: Law
ISBN: 9780256148381