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.


The Restatement and Beyond

The Restatement and Beyond

Author: Paul B. Stephan

Publisher:

Published: 2020

Total Pages: 601

ISBN-13: 0197533159

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This book provides a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law by leading contributors in the field. Reflecting on the recently published Fourth Restatement of the Foreign Relations Law, they review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out that need research and development.


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.


An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts

An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts

Author: Michael Joachim Bonell

Publisher: Martinus Nijhoff Publishers

Published: 2009-03-27

Total Pages: 706

ISBN-13: 900419469X

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The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Principles of Transnational Civil Procedure

Principles of Transnational Civil Procedure

Author: American Law Institute

Publisher: Cambridge University Press

Published: 2007-01-29

Total Pages: 242

ISBN-13: 9780521706148

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The ALI (American Law Institute) and UNIDROIT (the International Institute for the Unification of Private Law) are preeminent organizations working together toward the clarification and advancement of the procedural rules of law. Recognizing the need for a “universal” set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions, Principles of Transnational Civil Procedure was launched to create a set of procedural rules and principles that would be adopted globally. This work strives to reduce uncertainty for parties that must litigate in unfamiliar surroundings and to promote fairness in judicial proceedings. As recognized standards of civil justice, Principles of Transnational Civil Procedure can be used in judicial proceedings as well as in arbitration. The result is a work that significantly contributes to the promotion of a universal rule of procedural law. The American Law Institute was organized in 1923 following a study conducted by a group of prominent American judges, lawyers, and law professors. Their recommendation that a lawyers' organization be formed to improve the law and its administration led to the creation of The American Law Institute. UNIDROIT was founded in 1926 as a specialized agency of the League of Nations. It exists as an independent intergovernmental organization on the basis of a multilateral agreement, the UNIDROIT Statute. Its purpose is to study needs and methods for modernizing, harmonizing, and coordinating private laws between states and groups of states and to prepare legislative texts for consideration by governments.