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| Author | : Sarah Green |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 407 |
| Release | : 2018-06-14 |
| Genre | : Law |
| ISBN | : 1509912770 |
"These essays on the Supreme Court's decision in Patel v Mirza (2016), which has revolutionised the law on illegality by replacing the previous "rule-based" approach by a "factors-based" one, were first presented at a conference in May 2017."
| Author | : Sarah Green |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 407 |
| Release | : 2018-06-14 |
| Genre | : Law |
| ISBN | : 1509912797 |
In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.
| Author | : Paul S Davies |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 488 |
| Release | : 2020-07-23 |
| Genre | : Law |
| ISBN | : 1509930515 |
Freedom of contract is a great strength of English law: indeed it is a key reason why English law is often the law of choice. But the terms of commercial contracts often restrict freedom of action. This book considers such terms. Leading commentators take stock of recent developments such as increased reliance on good faith/discretion and the rise of smart contracts. Insodoing, they make original contributions to ongoing debates concerning the limits to parties' freedom of contract. This important subject will interest drafters of commercial contracts keen to ensure that contracts are clear and enforceable; litigators disputing the meaning, scope and validity of terms; and academics interested in the purpose and nature of the exercises involved.
| Author | : Sarah Green |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 682 |
| Release | : 2018-06-14 |
| Genre | : Law |
| ISBN | : 1509912789 |
In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.
| Author | : Mitchell McInnes |
| Publisher | : |
| Total Pages | : 1785 |
| Release | : 2014-03 |
| Genre | : Unjust enrichment |
| ISBN | : 9780433438199 |
"Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. That is true for a variety of reasons. The subject is seldom taught in law school. Many of the traditional cases speak in a language that is incomprehensible to modern ears. Most significantly, until now, there has not been a text that is structured in accordance with the modern Canadian principle of unjust enrichment.
| Author | : Matthew Dyson |
| Publisher | : Cambridge University Press |
| Total Pages | : 465 |
| Release | : 2014-07-17 |
| Genre | : Law |
| ISBN | : 1139993356 |
Tort law and criminal law are closely bound together but their relationship rarely receives sustained and rigorous scrutiny. This is the first significant project in England and Wales to address that shortcoming. Building on growing interest amongst both academics and practitioners in the relationship between tort and crime, it draws together leading experts to chart the field and explore key points of interest. It uses a range of perspectives from legal theory, doctrine, legal history and comparative law to address some of the most important and interesting links between tort and crime. Examples include how the illegality defence operates to avoid stultification of the law, the difference between criminal and civil causation, how the Motor Insurers' Bureau not only insures but acts to enforce laws and alter behaviour, and why civil law only very rarely restores specific property but the criminal law does it daily.
| Author | : Great Britain. Law Commission |
| Publisher | : The Stationery Office |
| Total Pages | : 174 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 9780118404617 |
This Consultation Paper gives provisional recommendations on whether a claimant who has been involved in illegal conduct should be entitled to enforce a claim in contract, unjust enrichment, trusts and tort. It follows earlier consultation papers on illegality in contacts and trusts (LCCP 154, 1999, 9780117302396) and the illegality defence in tort (LCCP 160, 2001, ISBN 9780117302457). How should the law respond if a claimant has been involved in some form of illegal conduct? Should this prevent the claimant winning his or her claim? It is difficult to set out hard and fast rules as the illegality defence may be used against claimants in such a wide variety of contexts. The courts have attempted to lay down a series of rules to apply in different circumstances. The result is a body of law which is uncertain and sometimes arbitrary, occasionally producing results which may appear unduly harsh or not harsh enough. The Commission believes that, in most areas of the law, it is up to the courts to develop clear, fair law, based on a set of policy rationales. Judges should base their decisions directly on the policies that underlie the illegality defence and explain their reasoning accordingly. The Commission makes proposals on what those policies should be. There is one area in which the Commission does not think that judicial clarification is possible: where a trust has been set up to hide true ownership for criminal purposes. The Commission feels that statutory reform is needed here, and is in the process of preparing a draft Bill which will be presented with the final report later this year.
| Author | : Larry A. DiMatteo |
| Publisher | : Cambridge University Press |
| Total Pages | : 545 |
| Release | : 2017-10-26 |
| Genre | : Law |
| ISBN | : 1107176328 |
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
| Author | : Richard Clements |
| Publisher | : Oxford University Press |
| Total Pages | : 591 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198787545 |
Complete Equity & Trusts is supported by clear author commentary, choice extracts, and useful learning features. The explanations and examples in this textbook have been crafted to help students hone their understanding of trusts law. The Complete titles are ambitious in their scope; they've been carefully developed with teachers to offer law students more than just a presentation of the key concepts. Instead they offer a complete package. Only by building on the foundations of the subject, by showing how the law works, demonstrating its application through extracts from cases and judgments, and by giving students the tools and the confidence to think critically about the law will they gain a complete understanding. This book is accompanied by free online resources, which feature resources for students and lecturers including the following: - Guidence for answering end-of-chapter questions in the book - Self-test question with instant feedback - A flashcard glossary of key terms - Updates on legislation and case law
