Frontiers of Liability

Author: Peter Birks

Publisher: Oxford University Press

ISBN: 0198259026

Category: Law

Page: 214

View: 5966

The 'Frontiers of Liability' is the title of a series of high-level seminars held in All Souls College, Oxford during 1993 and 1994. Drawing together top academics, practitioners and judges, these seminars have sought to identify current trends in English law and have provided a forum for experts to give their assessment of how the law will develop in the future. The papers produced for the first 4 seminars and the comments made by the distinguished rapporteurs are reproduced in this volume. Anyone interested in the future of the law of restitution, the common law, judicial review, and the law relating to children will find these essays essential reading. Contributors: Charles Harpum, Sir Leonard Hoffman, Peter Birks, William Swadling, Sir Peter Millett, John Birds, W. R. Cornish, Sir Patrick Neill, Martin Loughlin, D. J. Galligan, Peter Cane, Andrew Bainham, Sheriff David Kelbie, J. M. Thomson, Stephen Cretney

Accessory Liability

Author: Paul S Davies

Publisher: Bloomsbury Publishing

ISBN: 1849469571

Category: Law

Page: 302

View: 2502

Accessory liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the 'direct wrongdoer' may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress. However, the law in this area has not received the attention it deserves. The criminal law recognises that any person who 'aids, abets, counsels or procures' any offence can be punished as an accessory, but the private law is more fragmented. One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects, such as contract, trusts, tort and intellectual property. This book suggests that by looking across such boundaries in the private law, the nature and principles of accessory liability can be better understood and doctrinal confusion regarding the elements of liability, defences and remedies resolved. Winner of the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship 2015.

International Sales Law

A Critical Analysis of CISG Jurisprudence

Author: Larry A. DiMatteo,Lucien Dhooge,Stephanie Greene,Virginia Maurer,Marisa Pagnattaro

Publisher: Cambridge University Press

ISBN: 9780521849807

Category: Business & Economics

Page: 241

View: 3723

This book assesses the state of international sales law and the provisions of the CISG.

Breach of Trust

Author: Peter Birks,Arianna Pretto-Sakmann

Publisher: Bloomsbury Publishing

ISBN: 184731242X

Category: Law

Page: 448

View: 5203

Recent leading cases have demonstrated the urgent need to modernize the learning on breach of trust,which has lagged behind the flourishing scholarship on the creation of trusts. Since breach of trust or fiduciary duty occupies the centre of the legal stage, it comes as a surprise that, although one or two novelists have chosen 'Breach of Trust' as the title to their book, no lawyer has so far thought it necessary to produce a specialized work on the subject. To fill the gap, this book, written by a team of leading trust lawyers from a number of common law jurisdictions, investigates all the principal aspects of the subject. The nature of the trustee's duties and of the liability for breach is closely examined, and all available defences and excuses are reviewed. Two substantial chapters consider the consequences of assisting a breach or receiving trust property from a trustee acting in breach. The book closes with a critical overview of the entire topic. CONTENTS: 1 Robert Chambers 'Liability for Breach'; 2 Joshua Getzler 'The Duty of Care'; 3 Edwin Simpson 'The Conflict of Interest'; 4 David Fox 'Overreaching'; 5 Lionel Smith 'Property Transferred in Breach'; 6 Charles Mitchell 'Assistance'; 7 Peter Birks 'Receipt'; 8 James Penner 'Exemption clauses'; 9 John Lowry and Rod Edmunds 'Honest and Reasonable Breach' ; 10 Jennifer Payne 'Consent'; 11 William Swadling 'Limitation'; 12 Gary Watt 'Laches, Estoppel and Election'; 13 David Hayton 'An Overview'.

The Law of Restitution in Nigeria

Author: Festus Emiri

Publisher: African Books Collective

ISBN: 9785157830

Category: Law

Page: 652

View: 1043

The Law of Restitution in Nigeria covers the historical development of restitution in law, its scope, and contemporary issues related to it. Some of the issues covered are: Ignorance; Incapacity; Exploitation; Enrichment at the plaintiffs expense; Restitution for wrongs and general principles, torts, breach of contract, equitable wrongdoing, criminal offenses; Defenses relating to changing circumstances; Illegality; and limitation of actions in restitution.

Tort Law

Text, Cases, and Materials

Author: Jenny Steele

Publisher: Oxford University Press

ISBN: 0199550751

Category: Law

Page: 943

View: 3692

Tort Law: Text, Cases, and Materials offers a stimulating overview of tort law. It provides a sound analysis of the key principles before exploring a wide range of critical perspectives through an extensive selection of cases and materials. This is a complete stand-alone resource designed to map directly to undergraduate courses.

Trusts Law

Author: Charlie Webb,Tim Akkouh

Publisher: Macmillan International Higher Education

ISBN: 0230344690

Category: Law

Page: 416

View: 4155

The Palgrave Macmillan Law Masters series is a long-running and successful list of titles offering clear, concise and authoritative guides to the main subject areas, written by experienced and respected authors. This second edition of Trusts Law has been thoroughly updated to reflect recent developments in the subject. The authors bring a unique combination of academic knowledge and hands-on commercial experience to the explanation of their subject. For this edition, these practical insights have been further bolstered by the inclusion of a new chapter showing the steps involved in the creation of a trust, illustrated by examples of actual documentation. This is an ideal companion to the subject for both law undergraduate and GDL/CPE students. The enhanced format includes end of chapter summaries, self-test exercises and suggestions for further reading.

Equity and Trusts

Author: Alastair Hudson

Publisher: Routledge

ISBN: 1317684354

Category: Law

Page: 1428

View: 1699

Alastair Hudson’s 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, Alastair 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. A set of lively, discursive essays reflecting on the law then begin to outline the broader political, social and economic context of the subject and encourage the reader to begin to engage with their own critical analysis. The eighth edition of Equity and Trusts will be edited and updated to include discussion of the key developments in the subject since publication of the seventh edition in 2012, including the latest case law and potential for regulation relating to cohabitation and shared ownership as well as cases arising in the light of the enforcement of the Charities Act 2006.

The Province of Administrative Law

Author: Michael Taggart

Publisher: Bloomsbury Publishing

ISBN: 1847313310

Category: Law

Page: 416

View: 4467

During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.

Wrongs and Remedies in the Twenty-first Century

Author: Society of Public Teachers of Law (London, England)

Publisher: Oxford University Press

ISBN: 9780198262923

Category: Law

Page: 333

View: 7299

When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages or any other kind of remedy and what kind of quantum of damages are they likely to receive? It becomes the lawyers main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an after thought when in fact it is the issue of remedies which is a constant and an ever present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UKs leading specialists brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the issues are currently the subject of reform proposals and these essays usefully highlight the principle issues facing the reformers and the objections which have been raised by those opposed to reform. In addition four of the essays tackle a strand of tort law which is of rapidly growing importance - the area of professional negligence. The contributors are among the best known writers in this field and their essays combine practical and academic perspectives which usefully highlight contemporary trends in professional negligence litigation. The first chapter in the book also offers a unique and controversial overview of tort law in the UK by Professor Patrick Atiyah who argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition and replacement by a vastly expanded system of private insurance.

Structure and Justification in Private Law

Essays for Peter Birks

Author: Charles E F Rickett,Ross Grantham

Publisher: Bloomsbury Publishing

ISBN: 1847314120

Category: Law

Page: 492

View: 3023

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

Southern Cross

Civil Law and Common Law in South Africa

Author: Reinhard Zimmermann,D. P. Visser

Publisher: Oxford University Press

ISBN: 9780198260875

Category: Law

Page: 892

View: 2928

This work provides a history of the main institutions of South African private law, as well as exploring the process through which the integration of English common law and continental civil law was achieved in that jurisdiction. It is a first stepping stone in the writing of the history of private law in South Africa.

Trusts Law

Text and Materials

Author: Graham Moffat

Publisher: Cambridge University Press

ISBN: 9781139445283

Category: Law

Page: N.A

View: 3906

With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.

The Frontiers of England

Author: Sir Arthur Willert

Publisher: London ; Toronto : W. Heinemann [1935]

ISBN: N.A

Category: Europe

Page: 315

View: 1602

Register of Debates in Congress

Comprising the Leading Debates and Incidents of the Second Session of the Eighteenth Congress: [Dec. 6, 1824, to the First Session of the Twenty-fifth Congress, Oct. 16, 1837] Together with an Appendix, Containing the Most Important State Papers and Public Documents to which the Session Has Given Birth: to which are Added, the Laws Enacted During the Session, with a Copious Index to the Whole ..

Author: United States. Congress

Publisher: N.A

ISBN: N.A

Category: United States

Page: N.A

View: 1563

Non-contractual Liability Arising Out of Damage Caused to Another

(PEL Liab. Dam.)

Author: Christian von Bar

Publisher: sellier. european law publ.

ISBN: 3935808631

Category: Law

Page: 1384

View: 9047

In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another â?? in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict â?? is the area of law which determines whether one who has suffered a damage, can on that account demand reparation â?? in money or in kind â?? from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States.

Frontiers of Risk Management

Key Issues and Solutions

Author: Dennis W. Cox

Publisher: Euromoney Books

ISBN: 9781843742722

Category: Financial services industry

Page: 287

View: 3129

Looking at the entire spectrum of financial services risk management, this practical guide identifies the key current issues and the solutions adopted by firms.

Frontiers of Modern Asset Allocation

Author: Paul D. Kaplan

Publisher: John Wiley & Sons

ISBN: 111817299X

Category: Business & Economics

Page: 416

View: 6253

Innovative approaches to putting asset allocation intopractice Building on more than 15 years of asset-allocation research,Paul D. Kaplan, who led the development of the methodologies behindthe Morningstar Rating(TM) and the Morningstar Style Box(TM),tackles key challenges investor professionals face when puttingasset-allocation theory into practice. This book addresses commonissues such as: How should asset classes be defined? Should equities be divided into asset classes based oninvestment style, geography, or other factors? Should asset classes be represented by market-cap-weightedindexes or should other principles, such as fundamental weights, beused? How do actively managed funds fit into asset-class mixes? Kaplan also interviews industry luminaries who have greatlyinfluenced the evolution of asset allocation, including HarryMarkowitz, Roger Ibbotson, and the late Benoit Mandelbrot.Throughout the book, Kaplan explains allocation theory, creates newstrategies, and corrects common misconceptions, offering originalinsights and analysis. He includes three appendices that put theoryinto action with technical details for new asset-allocationframeworks, including the next generation of portfolio constructiontools, which Kaplan dubs "Markowitz 2.0."