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Author: Elise Bant
Publisher: Edward Elgar Publishing
Published: 2020-07-31
Total Pages: 535
ISBN-13: 1788114264
DOWNLOAD EBOOKThis comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.
Author: Dan B. Dobbs
Publisher:
Published: 1993
Total Pages: 1146
ISBN-13:
DOWNLOAD EBOOKRev. ed. of : Handbook on the law of remedies. 1973.
Author: Andrew S. Gold
Publisher:
Published: 2020-11-06
Total Pages: 640
ISBN-13: 0190919663
DOWNLOAD EBOOKThe Oxford Handbook of the New Private Law promises to help redefine and reinvigorate the subject of private law, a domain that includes property, contract, and tort law, as well as intellectual property, unjust enrichment, and equity. It emphasizes cross-cutting perspectives and relations between areas of private law, with special attention to the doctrines and structures of the law-an approach now known as "the New Private Law." This perspective includes explanation, justification, and criticism of existing law, reflecting the conviction of the editors that it makes sense to know what the law is in order to be in a position to criticize and reform it. The Handbook will be an essential resource for legal scholars interested in the future of this important field.
Author: Warren Swain
Publisher: Oxford University Press
Published: 2024-02-29
Total Pages: 401
ISBN-13: 0192874144
DOWNLOAD EBOOKThis inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.
Author: Duncan Sheehan
Publisher: Bloomsbury Publishing
Published: 2024-02-22
Total Pages: 265
ISBN-13: 1509942459
DOWNLOAD EBOOKThis ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject's critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as necessity should be excluded from the subject area. The book concludes with a treatment of defences.
Author: Fabiana Bettini
Publisher: UCL Press
Published: 2023-10-16
Total Pages: 362
ISBN-13: 1800085621
DOWNLOAD EBOOKNew Directions in Private Law Theory brings together some of the best new work on private law theory, reflecting the breadth of this increasingly important field. The contributions interrogate a wide range of topics including aspects of private law doctrine, its development, ordering and application. The authors adopt a variety of different approaches and contribute to ongoing and important debates about the moral foundations of private law, the individuation of areas of private law and the connections between private law and everyday moral experience. Questions addressed include: Does the diversity identified amongst claims in unjust enrichment mean that the category is incoherent? Are claims in tort law always about compensating for wrongs? How should we understand parties’ agreement in contract? The contributions shed new light on these and other topics, and the ways in which they intersect and open up new lines of scholarly enquiry. The book will be of interest to researchers working in private law and legal theory, but it will also appeal to those outside of law, most notably researchers with an interest in moral and political philosophy, economics and history.
Author: Roger Halson
Publisher: Edward Elgar Publishing
Published: 2019
Total Pages: 549
ISBN-13: 1786431270
DOWNLOAD EBOOKp.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial} This Research Handbook comprehensively and authoritatively reviews the contemporary challenges in research regarding remedies in private law. The Research Handbook on Remedies in Private Law focuses on the most important issues throughout contract, equity, restitution and tort law as they have arisen in the major common law jurisdictions, touching upon those of other jurisdictions where pertinent.
Author: Sinéad Agnew
Publisher: Bloomsbury Publishing
Published: 2024-04-04
Total Pages: 371
ISBN-13: 1509965173
DOWNLOAD EBOOKThis collection celebrates the immense contribution of Sarah Worthington to the field of private law. Defining the subject broadly, experts from the judiciary and the academy address contemporary challenges arising in the fields of agency, company law and insolvency, contract law, equity, the law of money, personal property, restitution and unjust enrichment. The breadth of the contributors' expertise and their willingness to offer innovative and insightful solutions to difficult problems perfectly mirror Sarah Worthington's rigorous and inspirational approach to private law scholarship.
Author: Hanoch Dagan
Publisher: Edward Elgar Publishing
Published: 2020-12-25
Total Pages: 520
ISBN-13: 1788971620
DOWNLOAD EBOOKThis comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.
Author: Rory Gregson
Publisher: Bloomsbury Publishing
Published: 2024-10-31
Total Pages: 211
ISBN-13: 1509969241
DOWNLOAD EBOOKThis innovative and thought-provoking book studies how subrogation and marshalling should be understood in the context of private law. Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else's extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation's role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.
