The Restatement Third: Restitution and Unjust Enrichment
The Restatement Third: Restitution and Unjust Enrichment

Author: Charles Mitchell

Publisher: Bloomsbury Publishing

Published: 2013-05-09

Total Pages: 338

ISBN-13: 1782251367

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The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.

A Concise Restatement of the Law Governing Lawyers
A Concise Restatement of the Law Governing Lawyers

Author: Vincent R. Johnson

Publisher:

Published: 2007

Total Pages: 422

ISBN-13:

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This text is an abridgement of the Restatement of the Law Third–The Law Governing Lawyers, intended primarily for use in law school legal ethics courses as either a textbook or as supplemental reading. This restatement addresses such issues as the formation of the client-lawyer relationship, legal malpractice, and the potential liability of lawyers to third-party non-clients.

Examples & Explanations for Property
Examples & Explanations for Property

Author: Barlow Burke

Publisher: Aspen Publishing

Published: 2019-03-13

Total Pages: 706

ISBN-13: 1543809723

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Examples & Explanations: Property, Sixth Edition, is a study aid that offers clear textual introductions to legal terms and concepts in property law, followed by examples and explanations that test and apply the reader’s understanding of the material covered. Both authors have years of experience presenting material in a clear and compelling way. With its rich pedagogy that features boldfaced legal terms and visual aids, Examples & Explanations: Property, Sixth Edition, fills a niche that is distinct from other books. Using a six-part topical organization, accomplished authors Barlow Burke and Joseph Snoe ensure that the rules and doctrines making up the first-year course on the law of property are well covered. New to the Sixth Edition: Revised and rearranged coverage and examples to focus on major points and concepts and to clarify more obscure issues Simplified examples and questions to highlight the main issue A more structured development of Chain of Title problems inherent in recording systems An added discussion of Construction Industry of Sonoma County v. City of Petaluma in the exclusionary zoning section Incorporation of the Department of Justice’s regulations and examples interpreting the Religious Land Use and Institutional Persons Act Expanded guidance on the Wireless Communication Facilities Act Reorganization of the chapter on Takings to emphasize how exceptions build on the Penn Central Transportation Co. v. New York City ad hoc factors Discussion on Muir v. Wisconsin in the Takings analysis (states’ ability to conceptually merge parcels to defeat a Takings claim) Follow-ups on the effect (or lack thereof) of Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection Brief discussion of Marvin M. Brandt Revocable Trust v. United States in easement chapter (whether a railroad abandoning a strip of land held an easement or a fee simple determinable) Clarification and expansion of the discussion of landlord-tenant issues

Causation in European Tort Law
Causation in European Tort Law

Author: Marta Infantino

Publisher: Cambridge University Press

Published: 2017-12-28

Total Pages: 785

ISBN-13: 1108418368

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This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Emanuel Law Outlines for Property
Emanuel Law Outlines for Property

Author: Steven L. Emanuel

Publisher: Aspen Publishing

Published: 2023-12-11

Total Pages: 994

ISBN-13: 1543846491

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Emanuel® Law Outlines for Property, Tenth Edition, by Steve Emanuel focuses on those topics that are important in today’s Property courses and includes an abundance of short-answer and multiple-choice questions and answers as well exam tips. New to the Tenth Edition: Greatly expanded discussion of the “fair use” defense in copyright law New and detailed coverage of the prohibition on unreasonable restraints on alienation when land is conveyed Treatment of “heirs property” and the enactment of the Uniform Partition of Heirs Property Act to redress the unfair impact of judicially supervised partition sales of heirs property (especially rural agricultural land fragmented into small tenancies-in-common as the result of multiple generations of intestate succession) Expanded coverage of the Fair Housing Act, including (a) the Act’s application to housing discrimination based on the sexual orientation of tenants and (b) the Act’s use in cases involving landlord liability for failing to combat tenant-on-tenant harassment against protected categories of tenants Coverage of recent Supreme Court cases on the Taking Clause of the Fifth Amendment, including a case on temporary physical occupation and a case on how the “denial of all economically viable use” doctrine is to be applied to scenarios involving multiple adjacent lots Students will benefit from: The detailed course Outlinewith black letter principles that supplements student’s casebook reading throughout the semester and gives structure to their own outlines The Capsule Summary that provides a quick reference summary of the key concepts covered in the full outline and will prove invaluable at exam time The Quiz Yourself feature that includes a series of short-answer questions and sample answers to help students test their knowledge of the chapter’s content Multiple-Choice Questions in the style of questions on the Multistate Bar Exam (with detailed answers) that will help build students’ exam taking skills and confidence Checklists that help students review key issues The Casebook Correlation Chart that correlates each section in the Outline with the pages covering that topic in major casebooks

Making land work
Making land work

Author: Great Britain: Law Commission

Publisher: The Stationery Office

Published: 2011-06-08

Total Pages: 270

ISBN-13: 9780102972504

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In this report, the Law Commission makes recommendations to simplify, modernise and enhance the law of easements, covenants and profits á prendre. These rights are essential to the effective use of land and are relied upon by a significant proportion of property owners in England and Wales. Parts of the current law are ancient, contradictory and unfit for modern society. The report recommends reform where it is needed, while preserving those aspects of the law that function as they should. The recommendations would not affect the validity and enforceability of existing rights. The reforms would: make it possible for the benefit and burden of positive obligations to be enforced by and against subsequent owners; simplify and make clearer the rules relating to the acquisition of easements by prescription (or long use of land) and implication, as well as the termination of easements by abandonment; give greater flexibility to developers to establish the webs of rights and obligations that allow modern estates to function; facilitate the creation of easements that allow a substantial use of land by the benefiting owner (for example, rights to park a car); expand the jurisdiction of the Lands Chamber of the Upper Tribunal to allow for the discharge and modification of easements and profits created post-reform.