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A Restatement of the English Law of Unjust Enrichment represents a
wholly novel idea within English law. Designed to enhance
understanding of the common law the Restatement comprises a set of
clear succinct rules, fully explained by a supporting commentary,
that sets out the law in England and Wales on unjust enrichment.
Written by one of the leading authorities in the area, in
collaboration with a group of senior judges, academics, and legal
practitioners, the Restatement offers a powerfully persuasive
statement of the law in this newly recognized and uncertain branch
of English law. Many lawyers and students find unjust enrichment a
particularly difficult area to master. Combining archaic
terminology with an historic failure to provide a clear conceptual
structure, the law remained obscure until its recent rapid
development in the hands of pioneering judges and academics. The
Restatement builds on the clarifications that have emerged in the
case law and academic literature to present the best interpretation
of the current state of the law. The Restatement will be accessible
to, and of great practical benefit to, students, academics, judges,
and lawyers alike as they work with this area of law. The text of
the Restatement is supported by full commentary explaining its
provisions and roots together with its application to real and
hypothetical cases. The Restatement appears as European private law
takes its first steps towards harmonization. In providing an
accessible survey of the English law, the Restatement will offer an
important reference point for the English position on unjust
enrichment in the harmonization debates. Also appearing shortly
after the United States Third Restatement on Restitution and Unjust
Enrichment, this Restatement offers an interesting contrast with
American law in this area.
This book contains the papers written for the seventh volume in the
Oxford-Norton Rose Law Colloquium Series, which was held in St
Hugh's College, Oxford, on 22nd-23rd September, 2006. As with past
colloquia, this brought together practitioners (solicitors,
barristers and Judges) and academics to examine and discuss an area
of commercial law. The belief underpinning all the colloquia has
been that the sharing of views on central topics of commercial law
can only work to the mutual advantage of both academics and
practitioners. The topic chosen this year was Contract Terms which
is a topic of everyday importance to all commercial lawyers. It is
also an area in which academics have become increasingly interested
in recent years.
The book begins with an introduction by the editors which draws
out the central features of the discussions at the colloquium. It
is followed by an introductory practitioners' perspective written
by Richard Calnan of Norton Rose.
The colloquium papers have then been divided into three main
sections. The first on 'Construction and Interpretation' comprises
the papers written by Gerard McMeel, Edwin Peel, Andrew Burrows,
Robert Stevens and Stefan Vogenauer. The second on 'Legislative
Control of Unfair Terms' has papers by Elizabeth MacDonald, Susan
Bright and Hugh Beale. The third on 'Issues Related to Particular
Types of Term' looks at entire agreement clauses, termination
clauses, force majeure clauses, retention of title clauses and
choice of law clauses. This third section contains chapters written
by John Cartwright, Ewan McKendrick, Simon Whittaker, Louise
Gullifer and Adrian Briggs.
The papers have all been written by eminent academics andtogether
they provide a stimulating and up-to-date examination of Contract
Terms. The book will be essential reading for all practitioners
involved in drafting contracts or in commercial litigation,
commercial barristers, and academics interested in contract and
commercial law. The foreword has been written by the senior Law
Lord, Lord Bingham of Cornhill.
This sixth volume in the Oxford Law Colloquium Series adopts the format of a collection of essays by leading academics, each with a response from a practitioner offering an insight into how the different elements of this subject are dealt with in practice. Beginning with a discussion of compensatory damages, the first Part then turns to limitations on compensation, and concludes with a re-evaluation of the SAAMCO principle. The second Part examines restitution and punishment, with particular focus on proprietary restitution for unjust enrichment and the restitution of profits made by a breach of contract. The final Part looks at how the law on agreed remedies might develop, analyses the impact of the Human Rights Act 1993 on litigation between private parties, and concludes with a consideration of commercial remedies in the conflict of laws. This is a highly topical area of law and Commercial Remedies makes a significant contribution to the debate.
We are in the age of statutes; and it is indisputable that statutes
are swallowing up the common law. Yet the study of statutes as a
coherent whole is rare. In these three lectures, given as the 2017
Hamlyn Lecture series, Professor Andrew Burrows takes on the
challenge of thinking seriously and at a practical level about
statutes in English law. In his characteristically lively and
punchy style, he examines three central aspects which he labels
interpretation, interaction and improvement. So how are statutes
interpreted? Is statutory interpretation best understood as seeking
to effect the intention of Parliament or is that an unhelpful
fiction? Can the common law be developed by analogy to statutes? Do
the judges have too much power in developing the common law and in
interpreting statutes? How can our statutes be improved? These and
many other questions are explored and answered in this accessible
and thought-provoking analysis.
Principles of English Commercial Law 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 the law on agency, sale of goods,
carriage of goods by sea, carriage of goods by air and land,
insurance, banking, bailment, security, and insolvency. Written by
a team of acknowledged experts, the chapters give a clear, simple,
and accurate overview of the guiding principles and rules of
English commercial law, a vital topic in 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.
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.
Following the success of the first edition, this is the fully
updated second edition of A Restatement of the English Law of
Contract. Designed to enhance the accessibility of the common law,
the Restatement comprises a number of clear and succinct rules,
fully explained by a supporting commentary, which set out the
general law of contract in England and Wales. Written by one of the
leading authorities in this area, in collaboration with an advisory
group of senior judges, academics, and legal practitioners, the
Restatement offers a novel and powerfully persuasive statement of
the law in this central area of English law. All lawyers dealing
with the English law of contract, whether as practitioners, judges,
academics, or law students, will benefit from this Restatement. The
English law of contract is one of the most respected systems of
contract law in the world and, by the device of a 'choice of law'
clause, is often chosen by foreign commercial parties as the
applicable law to govern their contract. One of the aims of the
Restatement is for the reader, including those from civil law
jurisdictions, to see quickly and easily how the different elements
of the English law of contract fit together.
Contract Formation and Parties presents a collection of current
thinking on the central themes of contract formation and parties.
The eighth volume in the Oxford-Norton Rose Law series the chapters
originate from papers presented at the colloquium held in September
2009. The Oxford-Norton Rose Law colloquia bring together
practitioners and academics to examine and discuss an area of
commercial law central to both communities.
The book begins with an introduction by the editors which draws out
the central features of the discussions at the colloquium and
includes a foreword by Lord Justice Longmore. It is then structured
around these two primary themes of the colloquium and includes
contributions from eminent academics.
This collection of essays celebrates the life and work of Peter
Birks, who was Regius Professor of Civil Law at the University of
Oxford, and Fellow of All Souls College. Widely known as one of the
most prolific legal scholars for over twenty years, his
contribution to English obligations law is legendary. He was
Founder of the Clarendon Law Lectures, editor of the Clarendon Law
Series, editor of the Oxford English Law Series, and author of
several works on the English law of restitution, comparative
restitution, and unjust enrichment. This works in this volume cover
the English law of unjust enrichment and restitution, comparative
perspectives on unjust enrichment and restitution, Roman law, and
legal history, reflecting the range on Peter Birks' work and
influence. As one of the most distinguished academic lawyers of his
generation Peter Birks' contribution to legal scholarship grew to
be recognised as one of the most outstanding by a British jurist in
the second half of the twentieth century. This collection attempts
to acknowledge and pay tribute to Peter Birks' work.
We are in the age of statutes; and it is indisputable that statutes
are swallowing up the common law. Yet the study of statutes as a
coherent whole is rare. In these three lectures, given as the 2017
Hamlyn Lecture series, Professor Andrew Burrows takes on the
challenge of thinking seriously and at a practical level about
statutes in English law. In his characteristically lively and
punchy style, he examines three central aspects which he labels
interpretation, interaction and improvement. So how are statutes
interpreted? Is statutory interpretation best understood as seeking
to effect the intention of Parliament or is that an unhelpful
fiction? Can the common law be developed by analogy to statutes? Do
the judges have too much power in developing the common law and in
interpreting statutes? How can our statutes be improved? These and
many other questions are explored and answered in this accessible
and thought-provoking analysis.
The fourth edition of Andrew Burrows' seminal work Remedies for
Torts, Breach of Contract, and Equitable Wrongs (previously
Remedies for Torts and Breach of Contract), updates and extends
coverage of judicial remedies for civil wrongs in English law.
Since the release of the previous edition in 2004, the scope of
discussion in the book has developed to include many contemporary
case studies. Examples of these include Morris-Garner v One Step
Ltd on negotiating damages, Milner v Carnival on quantum of mental
distress damages, Forsyth Grant v Allen on restitution for torts,
to name but a few, as well as crucial Supreme Court decisions on
penalty clauses (Cavendish v Makdessi) and injunctions
(LauritzenCool, Araci v Fallon and Coventry v Lawrence). In
addition to comprehensive updating to take account of new
developments in the law, this book includes two new chapters.
Unique to the fourth edition, the first explores damages under the
Human Rights Act of 1998; the second examines negotiating damages.
Remedies for Torts, Breach of Contract, and Equitable Wrongs by
leading scholar Andrew Burrows is a popular work amongst students
and practitioners due to its broad coverage, factual detail,
insightful application of academic context and enduring subject
matter.
Following the success of the first edition, this is the fully
updated second edition of A Restatement of the English Law of
Contract. Designed to enhance the accessibility of the common law
the Restatement comprises a number of clear and succinct rules,
fully explained by a supporting commentary, which set out the
general law of contract in England and Wales. Written by one of the
leading authorities in this area, in collaboration with an advisory
group of senior judges, academics, and legal practitioners, the
Restatement offers a novel and powerfully persuasive statement of
the law in this central area of English law. All lawyers dealing
with the English law of contract, whether as practitioners, judges,
academics, or law students, will benefit from this Restatement. The
English law of contract is one of the most respected systems of
contract law in the world and by the device of a 'choice of law'
clause is often chosen by foreign commercial parties as the
applicable law to govern their contract. One of the aims of the
Restatement is for the reader, including those from civil law
jurisdictions, to see quickly and easily how the different elements
of the English law of contract fit together.
Lord Rodger of Earlsferry was a distinguished judge and scholar. He
was a Justice of the Supreme Court of the United Kingdom and the
author of many high quality law journal articles and two books.
Written in memory of Lord Rodger, this collection contains 47
essays by Lord Rodger's friends and colleagues from the UK and
Europe. The essays reflect Lord Rodger's role as a leading judge
and also his wide-ranging academic interests including Roman law,
Scots law and legal history, and a miscellany of other topics. The
authors in this volume are leading academics or judges, and a
particularly notable feature is the nine essays written by Supreme
Court justices. As the highest judges in the UK they provide a
unique insight into the work of the Supreme Court, as well as Lord
Rodger's work in the Court. The book also includes the memorial
tributes to Lord Rodger which explain his remarkable legal career,
including his roles as Lord Advocate (Senior Law Officer of
Scotland) Lord President of the Court of Session, Lord of Appeal in
Ordinary and, finally, Justice of the UK Supreme Court. The essays
include personal reminiscences of Lord Rodger, helping the reader
to understand why he was so highly regarded and why his untimely
death has dealt such a devastating blow to law in the UK.
Andrew Burrows continues to provide an authoritative account of the
law of restitution in the third edition of this highly-praised
textbook. Fully revised and updated, this edition includes a wealth
of new cases and academic thinking in addition to thorough
examination of the subject as a whole. As with previous editions,
the author's expert analysis and clarity of style will be
invaluable to students and practitioners with an interest in this
area of law.
Cases and Materials on the Law of Restitution is an authoritative
and scholarly guide written by leading experts who have shaped and
defined the law of restitution and unjust enrichment. Extensive
coverage of cases and academic perspectives provides a rounded view
of the subject. Introductions, notes, and questions enable readers
to check their understanding of key issues. The second edition of
this seminal title covers many important new cases and academic
publications, including Birk's 'absence of basis' approach. The
coverage reflects the continuing debates on questions such as: BL
what is an enrichment? BL was the enrichment at the claimant's
expense? BL what is the role of tracing? BL when will proprietary
restitution be granted? BL when does change of position operate as
a defence? BL and does corrective justice underpin this area of the
law? The book's structure has been updated to reflect the judicial
development of the law of restitution, providing a map through this
complex subject. This book is invaluable for undergraduate,
postgraduate, and doctoral students, as well as academics working
in the area.
'...provides everything you want in a case book: a stimulating,
thought-provoking and up to date account of contract law. It
combines both fantastic academic commentary and superbly selected
materials making it simply one of the best contract law casebooks.'
Student Law Journal This is the seventh, fully updated, edition of
Professor Burrows' Casebook, offering law students the ideal way to
discover and understand contract law through reading highlights
from the leading cases. Designed to be used either on its own or to
supplement a contract law textbook, this book covers the
undergraduate contract law course in a series of clearly presented
and carefully structured chapters. The author provides an expert
introduction to each topic and his succinct notes and questions
seek to guide students to a proper understanding of the cases. The
relevant statutes are also set out along with a principled analysis
of them. In addition to cross-references to further discussion in
the leading textbooks, an innovative feature is the summary of
leading academic articles in each chapter. The book is designed not
to overwhelm students by its length but covers all aspects of the
law of contract most commonly found in the undergraduate
curriculum.
Chemistry is widely considered to be the central science: it
encompasses concepts on which all other branches of science are
developed. Yet, for many students entering university, gaining a
firm grounding in chemistry is a real challenge. Chemistry(3)
responds to this challenge, providing students with a full
understanding of the fundamental principles of chemistry on which
to build later studies. Uniquely amongst the introductory chemistry
texts currently available, Chemistry(3)'s author team brings
together experts in each of organic, inorganic, and physical
chemistry with specialists in chemistry education to provide
balanced coverage of the fundamentals of chemistry in a way that
students both enjoy and understand. The result is a text that
builds on what students know already from school and tackles their
misunderstandings and misconceptions, thereby providing a seamless
transition from school to undergraduate study. Written with
unrivalled clarity, students are encouraged to engage with the text
and appreciate the central role that chemistry plays in our lives
through the unique use of real-world context and photographs.
Chemistry(3) tackles head-on two issues pervading chemistry
education: students' mathematical skills, and their ability to see
the subject as a single, unified discipline. Instead of avoiding
the maths, Chemistry(3) provides structured support, in the form of
careful explanations, reminders of key mathematical concepts,
step-by-step calculations in worked examples, and a Maths Toolkit,
to help students get to grips with the essential mathematical
element of chemistry. Frequent cross-references highlight the
connections between each strand of chemistry and explain the
relationship between the topics, so students can develop an
understanding of the subject as a whole. Digital formats and
resources Chemistry(3) is available for students and institutions
to purchase in a variety of formats, and is supported by online
resources. The e-book offers a mobile experience and convenient
access along with functionality tools, navigation features, and
links that offer extra learning support:
www.oxfordtextbooks.co.uk/ebooks The e-book also features
interactive animations of molecular structures, screencasts in
which authors talk step-by-step through selected examples and key
reaction mechanisms, and self-assessment activities for each
chapter. The accompanying online resources will also include, for
students: * Chapter 1 as an open-access PDF; * Chapter summaries
and key equations to download, to support revision; * Worked
solutions to the questions in the book. The following online
resources are also provided for lecturers: * Test bank of
ready-made assessments for each chapter with which to test your
students * Problem-solving workshop activities for each chapter for
you to use in class * Case-studies showing how instructors are
successfully using Chemistry3 in digital learning environments and
to support innovative teaching practices * Figures and tables from
the book
Anson's Law of Contract offers exceptional detail, precision and
clarity on contract law. It is a classic text in the field
providing a stimulating account of the law. With comprehensive
coverage of all topics covered on contract law courses, this
definitive work is essential reading for anyone interested in the
law of contract, whether as a student, practitioner or academic.
Digital formats This edition is available for students and
institutions to purchase in a variety of formats. The e-book offers
a mobile experience and convenient access along with functionality
tools, navigation features, and links that offer extra learning
support: www.oxfordtextbooks.co.uk/ebooks
Second Edition: Drachar is a ruthless and ambitious sorcerer who
will stop at nothing to wreak revenge against those who betray him.
From a lowly although arrogant Eldric lord to commander of the most
deadly army the land has ever seen, he pitches relentless hordes of
powerful soul devouring demons against his own people, the Eldric.
Fierce battle is to commence and all in its path must fight or risk
their soul being sent screaming from their twitching corpses.
Madness tears at Drachar, a constant reminder of what should happen
if he fails in his bloody pact; delivering one hundred thousand
souls to the demons in exchange for the greatest of power. The
Eldric must learn to summon demons of their own to stand any chance
against Drachar's deadly arsenal of krell, demons and grakyn. Magic
and swords clash together in a war of such catastrophic proportions
that the world will be forever stricken. Join Drachar the outcast
as he rises to omnipotence. The die are cast and events are set in
motion that look set to destroy the world. The race is on for war
threatens; a war like no other for sorcerer will battle sorcerer
and demon set against demon.
Drachar, banished by his own people, forges an unholy alliance with
the demons by offering them ten thousand souls, but the demons
demand one hundred thousand and without quibbling Drachar accepts.
War threatens. A war like no other.
A Restatement of the English Law of Unjust Enrichment represents a
wholly novel idea within English law. Designed to enhance
understanding of the common law the Restatement comprises a set of
clear succinct rules, fully explained by a supporting commentary,
that sets out the law in England and Wales on unjust enrichment.
Written by one of the leading authorities in the area, in
collaboration with a group of senior judges, academics, and legal
practitioners, the Restatement offers a powerfully persuasive
statement of the law in this newly recognized and uncertain branch
of English law. Many lawyers and students find unjust enrichment a
particularly difficult area to master. Combining archaic
terminology with an historic failure to provide a clear conceptual
structure, the law remained obscure until its recent rapid
development in the hands of pioneering judges and academics. The
Restatement builds on the clarifications that have emerged in the
case law and academic literature to present the best interpretation
of the current state of the law. The Restatement will be accessible
to, and of great practical benefit to, students, academics, judges,
and lawyers alike as they work with this area of law. The text of
the Restatement is supported by full commentary explaining its
provisions and roots together with its application to real and
hypothetical cases. The Restatement appears as European private law
takes its first steps towards harmonization. In providing an
accessible survey of the English law, the Restatement will offer an
important reference point for the English position on unjust
enrichment in the harmonization debates. Also appearing shortly
after the United States Third Restatement on Restitution and Unjust
Enrichment, this Restatement offers an interesting contrast with
American law in this area.
The fourth edition of Andrew Burrows' seminal work Remedies for
Torts, Breach of Contract, and Equitable Wrongs (previously
Remedies for Torts and Breach of Contract), updates and extends
coverage of judicial remedies for civil wrongs in English law.
Since the release of the previous edition in 2004, the scope of
discussion in the book has developed to include many contemporary
case studies. Examples of these include Morris-Garner v One Step
Ltd on negotiating damages, Milner v Carnival on quantum of mental
distress damages, Forsyth Grant v Allen on restitution for torts,
to name but a few, as well as crucial Supreme Court decisions on
penalty clauses (Cavendish v Makdessi) and injunctions
(LauritzenCool, Araci v Fallon and Coventry v Lawrence). In
addition to comprehensive updating to take account of new
developments in the law, this book includes two new chapters.
Unique to the fourth edition, the first explores damages under the
Human Rights Act of 1998; the second examines negotiating damages.
Remedies for Torts, Breach of Contract, and Equitable Wrongs by
leading scholar Andrew Burrows is a popular work amongst students
and practitioners due to its broad coverage, factual detail,
insightful application of academic context and enduring subject
matter.
NEW in paperback From the Reviews of the hardback edition: This is
a fascinating and thought-provoking collection of eight
essays...Taken together they represent a coherent and compelling
exposition of the English law of obligations...One is left with the
picture of an [author] ...who remains a devotee of "practical
scholarship" and the deductive technique of the common law and has
a grasp on its intricacies second to non." Edwin Peel, The Law
Quarterly Review, 1999 "[These essays], all concerned with various
aspects of contract, tort and unjust enrichment, are a pleasure to
peruse, and a distinct cut above the usual lacklustre collection of
past triumphs now beyond their sell-by date. Without exception they
are both topical and relevant: ...together they form a readable,
scholarly and eclectic mixture of exposition and polemic, of
speculation and analysis" Andrew Tettenborn, The Cambridge Law
Journal, 1999 "..quite simply the most convincing and complete
explanation of the law of obligations that is currently available -
the book is thorough, compelling, definitive, and highly
important." Paul Kearns, Anglo-American Law Review, 1999 "an
extremely important work, produced by a leading academic." David
Wright, Adelaide Law Review
Now in its third edition, English Private Law, edited by Professor
Andrew Burrows QC FBA, has established itself as a key point of
reference on English private law for lawyers in the UK and
throughout the world. The book acts as an accessible first point of
reference for practitioners approaching a private law issue for the
first time, whilst simultaneously providing a lucid, concise and
authoritative overview of all the key areas of private law. This
includes contract, tort, unjust enrichment, land law, trusts,
intellectual property, succession, family, companies, insolvency,
private international law and civil procedure. Each section is
written by an acknowledged expert, using their experience and
understanding to provide a clear distillation and analysis of the
subject. This new edition includes all the recent developments
since the publication of the second edition, covering some areas
that were previously not addressed including arbitration in civil
procedure, the Human Rights Act 1998 in tort law, and regulatory
reform in the light of the global financial crisis. No other single
text provides such comprehensive and lucid coverage of the whole of
English private law as this one - the book's depth of analysis,
combined with its ease of reference, make it a favourite among
academics and students worldwide. This title is an ideal quick
reference for practitioners to fall back on when a client raises a
point outside their normal area of expertise as well as for
academics, overseas libraries, and practitioners overseas who want
a one-stop resource on English private law.
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