Author:
Publisher: Brill Archive
ISBN:
Category :
Languages : en
Pages : 188

View

Book Description

Author: Ḥanokh Dagan
Publisher: Cambridge University Press
ISBN: 9780521829045
Category : Business & Economics
Languages : en
Pages : 402

View

Book Description
This 2004 book provides acomprehensive account of the American law of restitution.

Author: Vicente, Dário M.
Publisher: Edward Elgar Publishing
ISBN: 1789905818
Category : Law
Languages : en
Pages : 496

View

Book Description
This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.

Author: John P. Dawson
Publisher:
ISBN:
Category : Unjust enrichment
Languages : en
Pages :

View

Book Description

Author: Gerhard Dannemann
Publisher: Oxford University Press, USA
ISBN: 0199533113
Category : Language Arts & Disciplines
Languages : en
Pages : 349

View

Book Description
Unjustified enrichment and restitution in German law. -- The wider comparative perspectives. -- Cases and statutes.

Author: George E. Palmer
Publisher:
ISBN:
Category : Restitution
Languages : en
Pages : 748

View

Book Description

Author: Douglas Laycock
Publisher: Oxford University Press, USA
ISBN: 0195063562
Category : Equitable remedies
Languages : en
Pages : 375

View

Book Description
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.

Author: Ewoud Hondius
Publisher: Springer
ISBN: 3319187597
Category : Law
Languages : en
Pages : 517

View

Book Description
Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

Author: Jonathan Hill
Publisher: Oxford University Press
ISBN: 0198732295
Category : Law
Languages : en
Pages : 593

View

Book Description
Clarkson & Hill's Conflict of Laws provides a detailed account of the topics taught on private international law courses, reflecting the profound changes that the subject has undergone in recent years. Focusing on key principles in an engaging and approachable style, this text is key reading for private international law students.

Author: Wouter Druwé
Publisher: BRILL
ISBN: 9004416528
Category : Law
Languages : en
Pages : 837

View

Book Description
Based on consilia and decisiones, Wouter Druwé studies the multinormative framework on loans and credit in the Golden Ages of Antwerp and Amsterdam (c. 1500-1680). He analyzes the use of a wide variety of legal financial techniques in the Low Countries, such as money lending and the taking of interest, the constitution of annuities, cession and delegation, bearer bonds, bills of exchange, partnerships, and representation in financial affairs, as well as the consequences of monetary fluctuations. Special attention is paid to how the transregional European system of learned Roman and canon law (ius commune) was applied in daily ‘learned legal practice’. The study also deals with the prohibition against usury and with the impact of moral theology on legal debates.