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This reprint delves into restitution of benefits obtained by mistake. The work is divided into three parts. The first chapter explores the different kinds of mistakes & seeks to classify them & the remedies available to settle them. Chapter two concentrates on mistakes in assumptions & how to avoid them. Chapter three discusses the difference between unilateral & mutual mistakes. William S. Hein & Co., Inc., 1993
Apostolos G. Chronopoulos addresses the doctrinal contentions surrounding the doctrine of misappropriation while offering a comprehensive and critical review of the relevant case law that takes into consideration the rich academic commentary on the topic.
Restitution and Banking Law, written by leading practitioners and commentators, combines their experience in the field of restitution law and banking law to discuss major issues.
NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review
This 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.
Peter Birks's tragically early death, and his immense influence around the world, led immediately to the call for a volume of essays in his honour by scholars who had known him as a colleague, teacher and friend. One such volume, published in 2006, contained essays largely from scholars working in England (Mapping the Law: Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord Rodger). This volume contains the essays of those outside England who chose to honour Peter, and appears later than the English volume, reflecting the far flung habitations of its authors. The essays contained in this volume are focussed around the law of unjust enrichment, but are not narrowly preoccupied - instead they move freely from unjust enrichment to some of the most profound questions in private law concerning taxonomy, the relationship between contract, property and unjust enrichment, and the place of remedies within private law. This volume, featuring the work of some of the world's great private lawyers, provides a fitting tribute to a great scholar, and a series of thought-provoking essays inspired by his example. Contributors Kit Barker Michael Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter Watts Ernest Weinrib Eric Descheemaeker
Utility and Rights was first published in 1984. Minnesota Archive Editions uses digital technology to make long-unavailable books once again accessible, and are published unaltered from the original University of Minnesota Press editions. At issue in the clash between utilitarianism and the theory of rights is a fundamental question about the theoretical underpinnings of moral and political philosophy. Is this structure to be utility-based—grounded in the general welfare—or is it to be based on individual moral and political rights, as critics of utilitarianism increasingly insist? The argument centers, in part, upon the fact that utilitarianism, with its emphasis upon outcomes and total utility in the world, seems to employ a value theory that offers no protection to persons and their vital interests. The essays in this volume grapple with the main issues in this controversy. They share a common concern with the nature of rights and the ways in which various moral theories can accommodate them; some measure the degree to which utilitarianism can or cannot be modified to include rights. Eight of the eleven essays were written expressly for this book; all of the authors are deeply engaged in the debate over utility and rights, and their essays build upon and extend current thinking on the subject. R. G. Frey's lucid introduction will make the book appropriate for advanced students as well as for scholars in moral, political, and legal theory. "One ubiquitous criticism of utilitarianism is that it cannot make sense of moral rights at all. This collection is the first that explicitly addresses these issues, and it marks a major step in the debate."–Dale Jamieson, University of Colorado R. G. Frey is senior lecturer in philosophy at the University of Liverpool. He is the author of Interests and Rights and Rights, Killing, and Suffering.
This book considers the inherent complexities of private law; relevant to property, tort, contract, legal method and legal theory.