Law of Restitution in England and Ireland

Law of Restitution in England and Ireland
Title Law of Restitution in England and Ireland PDF eBook
Author Andrew Tettenborn
Publisher Cavendish Publishing
Pages 348
Release 2001-11-23
Genre Law
ISBN 1843143976

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First published in 2001. Routledge is an imprint of Taylor & Francis, an informa company.

Understanding Unjust Enrichment

Understanding Unjust Enrichment
Title Understanding Unjust Enrichment PDF eBook
Author Jason W. Neyers
Publisher Hart Publishing
Pages 430
Release 2004-04
Genre Law
ISBN 1841134236

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The articles, based on a symposium held in 2003, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment.

England and Wales, Ireland, Scotland, Cyprus

England and Wales, Ireland, Scotland, Cyprus
Title England and Wales, Ireland, Scotland, Cyprus PDF eBook
Author Wolfgang Faber
Publisher Walter de Gruyter
Pages 641
Release 2009-04-27
Genre Law
ISBN 3866537034

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This is the second volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series is planned to cover 27 European legal systems, distributed over six volumes. Starting with general property law issues like the concepts of ownership and possession employed in the different legal systems, and the means by which they are protected, the reports primarily focus on the “derivative” transfer of ownership, but their scope extends to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports, prepared by national property law experts, provide the reader with detailed information about the rules, case law and legal literature in the jurisdictions concerned. They serve as a starting point for further comparative research in property law and also as a tool for practitioners searching for information on foreign legal systems.

Principles of the English Law of Obligations

Principles of the English Law of Obligations
Title Principles of the English Law of Obligations PDF eBook
Author Andrew Burrows
Publisher Oxford University Press
Pages 774
Release 2016-12-01
Genre Law
ISBN 0191063274

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Principles of the English Law of Obligations provides students with a high-quality overview of this key area of English law. Drawing together updated chapters from the third edition of English Private Law, the subjects covered include contract, tort and equitable wrongs, unjust enrichment, and remedies. Written by a team of acknowledged experts, the chapters give a clear, simple, and accurate overview of the guiding principles and rules of the English law of obligations, including contract and tort, which are compulsory subjects for law degrees and on professional courses. Whether looking for an accessible, conceptual introduction to the area or a handy revision reference, students will find this book invaluable.

The Private Enforcement of Competition Law in Ireland

The Private Enforcement of Competition Law in Ireland
Title The Private Enforcement of Competition Law in Ireland PDF eBook
Author David McFadden
Publisher A&C Black
Pages 399
Release 2014-07-18
Genre Law
ISBN 1782251235

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Competition is recognised as a key driver of growth and innovation. Competition ensures that businesses continually improve their goods and services whilst striving to reduce their costs. Anti-competitive conduct by businesses, such as price-fixing, causes harm to the economy, to other businesses and to consumers. It is small businesses and the consumer who ultimately pay the price for anti-competitive conduct. A coherent competition policy that is both effectively implemented and effectively enforced is essential in driving growth and innovation in a market economy. The importance of competition was recently emphasised when the EU/ECB/IMF 'Troika' included a number of competition specific conditions to the terms of Ireland's bailout. Both Irish and Community law recognise the right for parties injured by anti-competitive conduct to sue for damages. This right to damages, in theory, allows those that have suffered loss to recover that loss whilst helping to deter others from taking the illegal route to commercial success. However private actions for damages in Ireland are rare. This book asks what the purpose of private competition litigation is and questions why there has been a dearth of this litigation in Ireland. The author makes a number of suggestions for reform of the law to enable and encourage private competition litigation. The author takes as his starting point the European Commission's initiative on damages actions for breach of the EC antitrust rules and compares the position in Ireland to that currently found in the UK and US.

Landmark Cases in the Law of Restitution

Landmark Cases in the Law of Restitution
Title Landmark Cases in the Law of Restitution PDF eBook
Author Charles Mitchell
Publisher Bloomsbury Publishing
Pages 271
Release 2006-04-18
Genre Law
ISBN 1847316956

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It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.

Restitutionary Rights to Share in Damages

Restitutionary Rights to Share in Damages
Title Restitutionary Rights to Share in Damages PDF eBook
Author Simone Degeling
Publisher Cambridge University Press
Pages 316
Release 2003-06-12
Genre Law
ISBN 1139435590

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Rights and obligations can arise, amongst other things, in tort or in unjust enrichment. Simone Degeling deals with the phenomenon whereby a stranger to litigation is entitled to participate in the fruits of that litigation. Two prominent examples of this phenomenon are the carer, entitled to share in the fund of damages recovered by a victim of tort, and the indemnity insurer, entitled to participate in the fruits of the insured's claim against the wrongdoer. Degeling demonstrates that both are rights raised to reverse unjust enrichment. Careful examination of these two categories reveals the existence of a novel policy-motivated unjust factor called the policy against accumulation. Degeling argues that this is an unjust factor of broad application, applying to configurations other than that of the carer and the indemnity insurer. This will interest restitution and tort lawyers, both academic and practitioner, as well as academic institutions and court libraries.