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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Illegality after Patel v Mirza (Hardcover)
Loot Price: R4,256
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Illegality after Patel v Mirza (Hardcover)
Series: Hart Studies in Private Law
Expected to ship within 12 - 19 working days
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In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court
of England and Wales decided in favour of a restitutionary award in
response to an unjust enrichment, despite the illegal transaction
on which that enrichment was based. Whilst the result was reached
unanimously, the reasoning could be said to have divided the Court.
Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and
Lord Neuberger favoured a discretionary approach, but their mode of
reasoning was described as 'revolutionary' by Lord Sumption (at
[261]), who outlined in contrast a more rule-based means of dealing
with the issue; a method with which Lord Mance and Lord Clarke
broadly agreed. The decision is detailed and complex, and its
implications for several areas of the law are considerable.
Significantly, the reliance principle from Tinsley v Milligan
[1994] 1 AC 340 has been discarded, as has the rule in Parkinson v
College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can
fairly be described as one of the most important judgments in
general private law for a generation, and it can be expected to
have ramifications for the application of the illegality doctrine
across a wide range of disciplinary areas. Unless there is
legislative intervention, which does not seem likely at the present
time, Patel v Mirza is set to be of enduring significance. This
collection will provide a crucial set of theoretical and practical
perspectives on the illegality defence in English private law. All
of the authors are well established in their respective fields. The
timing of the book means that it will be unusually well placed as
the 'go to' work on this subject, for legal practitioners and for
scholars.
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