Based on the papers presented at the Restitution in Commercial Law Conference held in August 2007, this book brings together in one volume a series of essays from a team of prestigious contributors analysing the nature and operation of the law of unjust enrichment in commercial law. The Editors, Drs Simone Degeling and James Edelman have specifically chosen topics that reflect current problems in legal analysis from the viewpoint of commercial legal practitioners. This book will provide access to the views from the world's leading commentators in this field including esteemed judges, legal practitioners and academics.
First, the plaintiff must show that no juristic reason from an established category exists to deny recovery . ... Professor McInnes' (2012) 52 Canadian Business Law Journal 390 (responding to M McInnes, 'A Return to First Principles in ...
The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases.
This Restatement presents a distillation of the current state of the common law of unjust enrichment into a coherent set of doctrines.
The book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition.
... agents' remuneration can be traced back into the early nineteenth century.4 It is not obvious that there is much role for equity in this process. Two possibilities do, however, arise. First, if an agent had an undisclosed conflict of ...
Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions.
On the occasion of his retirement from the Oxford Law Faculty, this volume presents a collection of essays in his honour. The contributions pay tribute to and reflect the breadth of Ewan McKendrick's scholarship and published work.
Wickliffe, 150 S.C. 476, 148 S.E. 476 (1929), Wickliffe demanded payment of $400 on two promissory notes given by Shockley to Wickliffe's deceased father, threatening a lawsuit if payment was not forthcoming. Shockley had already paid ...
Shaping the Law of Obligations presents a collection of essays in honour of Ewan McKendrick KC, discussing compelling questions and ideas in the areas of contract, tort, unjust enrichment, and commercial law.
... Frederic William Maitland , The Collected Papers of Frederic William Maitland : Downing Professor of the Laws of England , vol 2 ( CUP 1911 ) 492 . 76 Paul Desmond Finn , ' The Fiduciary Principle ' in Timothy G Youdan ( ed ) , Equity ...