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Author: Craig Rotherham Publisher: Hart Publishing ISBN: 1841131652 Category : Law Languages : en Pages : 384
Book Description
Rotherham (U. of Cambridge, UK) provides a study of the juridical doctrines of English common law that allow for the acquisition of rights of ownership without an owner's consent and the issues raised by such redistributions of property rights. He ar gues that there is a fundamental tension in English law between the idea that property is inviolable and a de facto recognition of remedies that redistribute property rights. This tension leads to doctrines that are highly misleading and often indefe nsible. He suggests that the refusal to acknowledge the normative dimension of common law reasoning has precluded rational policy-making and has led to legal justifications that obfuscate rather than explain. A more rational doctrine would reject the absolutist paradigm of property, recognizing proper limits. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Craig Rotherham Publisher: Hart Publishing ISBN: 1841131652 Category : Law Languages : en Pages : 384
Book Description
Rotherham (U. of Cambridge, UK) provides a study of the juridical doctrines of English common law that allow for the acquisition of rights of ownership without an owner's consent and the issues raised by such redistributions of property rights. He ar gues that there is a fundamental tension in English law between the idea that property is inviolable and a de facto recognition of remedies that redistribute property rights. This tension leads to doctrines that are highly misleading and often indefe nsible. He suggests that the refusal to acknowledge the normative dimension of common law reasoning has precluded rational policy-making and has led to legal justifications that obfuscate rather than explain. A more rational doctrine would reject the absolutist paradigm of property, recognizing proper limits. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Craig Rotherham Publisher: ISBN: 9781474200455 Category : Judicial discretion Languages : en Pages : 354
Book Description
This volume examines redistributive processes such as tracing, subrogation and proprietary estoppel and the use of the constructive trust in the context of contracts to assign property, and the breakdown of intimate relationships.
Author: Amber Rowland Publisher: ISBN: Category : Commercial law Languages : en Pages : 178
Book Description
"This thesis explores the role of proprietary remedies in a commercial context, examining whether proprietary remedies can operate fairly in commerce, and also meet the specific needs of commerce." --introd.
Author: Graham Virgo Publisher: Oxford University Press ISBN: 0198804717 Category : Law Languages : en Pages : 735
Book Description
'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.
Author: Sarah Worthington Publisher: Oxford University Press ISBN: 9780198262756 Category : Business & Economics Languages : en Pages : 328
Book Description
Worthington provides a broad overview of personal property law in a commercial context, examining the various devices used by contracting parties and attempting to distil a theoretically rigorous framework to describe the relevant laws.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
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.
Author: Graham Virgo Publisher: ISBN: Category : Languages : en Pages : 15
Book Description
The operation of the remedies for breach of the equitable duty of confidence are confused, largely because of a recent tendency to treat the action as a tort, with a consequent lack of emphasis of the equitable origins of the action for breach of confidence. This paper places the action and the available remedies in its equitable context. It surveys the operation of the pecuniary remedies which are available, with particular reference to negotiating damages and breach of confidence. Principles are identified to determine when each remedy should be available, including two fundamental principles of but for causation and conscience. The paper also considers whether profits made from breach of confidence should be held on constructive trust. Whilst it is argued that it is now time to recognise a principled remedial constructive trust in English law, the role of such a trust as a remedy for breach of confidence is likely to be very limited.
Author: Alastair Hudson Publisher: Cavendish Publishing ISBN: 1843145170 Category : Law Languages : en Pages : 1107
Book Description
This new edition considers all of the academic commentary governing the area of equity and trusts - in particular the emerging law of restitution and the raft of new case law over the 1990s. It is suitable both as a sholarly reference and as a resource for students.
Author: Alastair Hudson Publisher: Routledge ISBN: 1135999759 Category : Law Languages : en Pages : 1144
Book Description
Equity and Trusts is an ideal textbook for undergraduate courses on the law of trusts and equitable remedies. It provides a clear, current and comprehensive account of the subject through which the author’s enthusiasm and expertise shine through, helping to bring to life an area of the law which students often find difficult. Beginning with the core principles, Professor Hudson reinforces the key points by means of clear examples throughout each chapter, helping students to build and develop their own knowledge of equity and trusts.
Author: Elizabeth Cooke Publisher: Hart Publishing ISBN: 1841131733 Category : Law Languages : en Pages : 441
Book Description
This book comprises a collection of papers given at the conference of the Centre for Property Law at the University of Reading held in 2002.
Author: Craig Rotherham
Author: Craig Rotherham
Author: Craig Rotherham
Author: Amber Rowland
Author: Graham Virgo
Author: Sarah Worthington
Author: American Bar Association. House of Delegates
Author: Graham Virgo
Author: Alastair Hudson
Author: Alastair Hudson
Author: Elizabeth Cooke