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The Impact of Equity and Restitution in Commerce (Hardcover)
Loot Price: R3,392
Discovery Miles 33 920
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The Impact of Equity and Restitution in Commerce (Hardcover)
Series: Hart Studies in Private Law
Expected to ship within 12 - 17 working days
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Commercial relationships give rise to diverse forms of legal
obligation in private law, including contract, tort, agency,
company law and partnership. More controversially, equity and the
law of restitution have a less defined and somewhat ambulatory role
in regulating the affairs of commercial parties. Nevertheless,
their impact is manifest in the commercial arena through the
distinct types of liability they engender and the remedies that are
imposed. This collection draws together the views of leading
international scholars and judges to explore the nature and extent
of this impact from two perspectives. Five chapters primarily
address this impact at a macro-level, focusing on the roles of
equity and the law of restitution in terms of legal taxonomy,
doctrine and policy. In contrast, five further chapters primarily
address this impact at a micro-level, focusing on selected
liabilities and remedies within equity and the law of restitution.
This bifocal approach enables a holistic appreciation of some
important ways in which equity and the law of restitution affect or
may affect commerce, with a view to fostering further debate over
the fundamental issues at stake.
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