|
Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
|
Buy Now
The Change of Position Defence (Hardcover, New)
Loot Price: R4,979
Discovery Miles 49 790
|
|
|
The Change of Position Defence (Hardcover, New)
Expected to ship within 10 - 15 working days
|
This book defines and explains the operation of the defence of
change of position in Anglo-Australian law. It is a widely accepted
view that the defence is a modern development, the first express
recognition of which can be traced in England to the seminal
decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale
Ltd. Commentators have accordingly tended to focus on post-Lipkin
case law in discussing the defence and its many disputed features.
This work takes a different stance, arguing that the defence is
best understood by placing it within its broader historical and
legal context. It explains that the foundations of the defence can
be found in the related doctrines of estoppel by representation,
the agent's defence of payment over and the law of rescission. The
analysis applies crucial insights from those areas, together with
the change of position authorities and broader considerations of
policy and principle, to develop a rigorous model of the change of
position defence. The work not only provides a clear and exhaustive
examination of the defence, but demonstrates that, properly
understood, the defence operates in a rational and justifiable
manner within its broader private law context. In so doing, its
analysis meets the oft-expressed concern than the defence may
operate in an unprincipled way or by reference to 'that vague
jurisprudence which is sometimes attractively styled "justice as
between man and man"'.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
|
You might also like..
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.
Welcome to Loot.co.za!
Sign in / Register |Wishlists & Gift Vouchers |Help | Advanced search
