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Bath (Hardcover)
Kirk House, Charles Mitchell
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This two-volume set of St. Ephraim's refutations of Mani, Marcion,
and Bardaisan is presented in a bilingual edition with the Syriac
original and English translation. The prose refutations are an
important component to the understanding of one of the most
important patriarchs of Eastern Christianity.
Subrogation means literally 'substitution'. The word is used in the
context of English and Commonwealth law to denote a process by
which one party is substituted to the position of another, that he
may pursue that other's rights against a third party. This book
seeks to rationalize the position of the doctrine of subrogation in
the law of restitution. Within a systematic analytical framework,
it gives a full account of the developing English and Commonwealth
law of subrogation, and a selective use is also made of United
States decisions. A number of false assumptions which have entered
the case-law are exposed, and the principles upon which subrogation
should be awarded are set on a regular basis. Subrogation is a
remedy which can be awarded in many different contexts, and this
definitive account will be useful not only to restitution lawyers,
but also to academics and practitioners concerned with the law of
property, family law, and commercial law (in particular, the law of
insurance, bills of exchange, and principal and surety). This work
provides a careful and thorough examination of the law of
subrogation as it operates in English law today and as such it will
be of invaluable assistance to all commercial lawyers.
This volume takes stock of the rapid changes to the law of unjust
enrichment over the last decade. It offers a set of original
contributions from leading private law theorists examining the
philosophical foundations of the law. The essays consider the
central questions raised by demarcating unjust enrichment as a
separate area of private law - including how its normative
foundations relate to those of other areas of private law, how the
concept of enrichment relates to property theory, how the remedy of
restitution relates to principles of corrective justice and what
role mental elements should play in shaping the law.
Subrogation: Law and Practice provides a clear and accessible
account of subrogation, explaining when claimants are entitled to
the remedy, how they should formulate their claims, and what
practical difficulties they might encounter when attempting to
enforce their subrogation rights. Although subrogation is a remedy
that is frequently claimed in Chancery and commercial practice, the
reasons why it is awarded and the way it works can often be
misunderstood. In this text authors aim to present the subject in
clear and simple terms through a structure that is readily
accessible and of benefit to practitioners. Following an
introductory overview, and discussion of the rules which determine
the discharge of obligations by payment, the book is divided into
three parts. Part II considers subrogation to extinguished rights,
and explains all the consequences of the House of Lords' finding in
Banque Financiere de la Cite v Parc (Battersea) Ltd that this form
of subrogation is a remedy for unjust enrichment. The discussion
examines the requirements that the defendant has been enriched, and
that this enrichment has been gained at the claimant's expense. It
also considers the most important reasons why a court might find
that a defendant's enrichment is unjust, the defences which can be
raised to a claim, the form of the remedy, and additional practical
issues. Part III looks at insurers' claims to be subrogated to
their insureds' subsisting rights, and carefully analyses the
substantial body of case law on this subject which has built up
over the past two hundred years. Finally, Part IV concerns the
special insolvency rules which entitle claimants to acquire an
insolvent party's subsisting indemnity rights against a third
party. The discussion takes in claims under the Third Parties
(Rights against Insurers) Act 1930 and claims by the creditors of
trustees to be indemnified out of the trust estate. This work
explains the underlying principles and practical operation of
subrogation and is a readily accessible guide for the busy
professional.
The English law of contribution and reimbursement is essentially concerned with any situation where two parties must both pay a debt to a third party, compensate him for harm that he has suffered at their hands, or restore an enrichment which they have unjustly gained at his expense. These situations give rise to questions of how the parties' common liability should be shared and how their relationships with the third party, and with one another, should be adjusted so as to ensure that they each pay their proper share. This book is based on the rules of English law which determine the answers to these questions.
Underhill & Hayton Law of Trusts and Trustees is our flagship
Trusts title and is recognised as being the leading book in the
market. Written by renowned experts in the field this major work
provides practitioners with expert commentary on the law of trusts
and trustees and is a guide to all legal developments relating to
trusts. It examines legislation and case law, including cases from
significant offshore trust jurisdictions likely to affect UK trust
law - beneficial to those working in Trusts both at legal practices
as well as banks and accountancy firms. It has been fully updated
from the 19th edition. Its easy reference format takes you through
the definitions of trusts, administration of trusts and
consequences of breaches of trust. Whatever stage you are advising
clients at, you will find all the information you need in Underhill
and Hayton.
Goff & Jones is the leading work on the law of unjust
enrichment. Successive editions have played a major role in
establishing the central importance of the subject for private and
commercial lawyers and developing its key concepts and principles.
The text is comprehensive in coverage and written by highly
respected scholars who explain all of the rules governing claims in
unjust enrichment and discuss how these have been applied through
detailed examination of the case-law. The book is frequently cited
in courts throughout the Commonwealth and continues to signpost
future developments in the field. The new 10th edition is
completely up-to-date and contains detailed discussion of important
decisions since the last edition. Several chapters have been wholly
or substantially rewritten to take account of significant new
cases, and their impact on topics including the recovery of
benefits from remote recipients, the recovery of benefits
transferred on a condition that fails, the recovery of ultra vires
payments by public bodies, the limitation rules governing claims in
unjust enrichment and interest awards on such claims. The 10th
edition deals with the following six key matters in relation to
making a claim: Explains how a claim in unjust enrichment can be
precluded where a defendant's enrichment is mandated by a statute,
judgment, natural obligation, or contract Analyses the principles
governing the identification and valuation of enrichment, and
explains how these apply to claims for different types of benefit
Considers the requirement that a defendant's gain has been acquired
at the claimant's expense Discusses the different grounds for
restitution: lack of consent and want of authority; mistake;
duress; undue influence and unconscionable bargains; failure of
basis; free acceptance; necessity; secondary liability; ultra vires
receipts and payments by public bodies; etc Examines defences
including change of position; ministerial receipt; bona fide
purchase; estoppel; counter-restitution impossible; passing on;
limitation; legal incapacity; illegality Details the personal and
proprietary remedies for unjust enrichment The new edition contains
detailed discussion of the following cases of major importance:
Investment Trust Companies (in liq.) v HMRC [2018] A.C. 275
(exclusion of unjust enrichment by statute; enrichment acquired "at
the claimant's expense"); Swynson Ltd v Lowick Rose LLP (in liq.)
[2018] A.C. 313 (enrichment acquired "at the claimant's expense";
subrogation); Littlewoods Retail Ltd v HMRC (No.2) [2018] A.C. 869
(exclusion of unjust enrichment by statute); Prudential Assurance
Co Ltd v HMRC [2019] A.C. 929 (enrichment acquired "at the
claimant's expense"); Vodafone Ltd v Office of Communications
[2020] Q.B. 857 (counterfactual arguments against Woolwich claims);
Test Claimants in the FII Group Litigation v HMRC [2022] A.C. 1
(limitation rules governing claims founded on mistake); Test
Claimants in the FII Group Litigation v HMRC [2021] 1 W.L.R. 4354
("netting off" of defendant's gains and losses; interest awards)
Pakistan International Airline Corp v Times Travel (UK) Ltd [2021]
3 W.L.R. 727 (lawful act duress). School Facility Management Ltd v
Christ the King College [2021] 1 W.L.R. 6129 (counter-restitution
and change of position); Samsoondar v Capital Insurance Co Ltd
[2021] 2 All E.R. 1105 (pleading of unjust enrichment claims);
Dargamo Holdings Ltd v Avonwick Holdings Ltd [2022] 1 All E.R.
(Comm.) 1244 (failure of basis; relation between contract and
unjust enrichment)
This is a new release of the original 1948 edition.
Boyz will be Boyz is a children's book that is written essentially
for tween boys that are reluctant readers. It is fun and funny The
boys get into things and do silly things that all boys do all
around the world. It shows boys of color that they do all of the
everyday silly things that any other boy does. This book is an
Afrocentric book, but not limited to boys of color.
Title: Arvon: or, the Trials. A legend.Publisher: British Library,
Historical Print EditionsThe British Library is the national
library of the United Kingdom. It is one of the world's largest
research libraries holding over 150 million items in all known
languages and formats: books, journals, newspapers, sound
recordings, patents, maps, stamps, prints and much more. Its
collections include around 14 million books, along with substantial
additional collections of manuscripts and historical items dating
back as far as 300 BC.The FICTION & PROSE LITERATURE collection
includes books from the British Library digitised by Microsoft. The
collection provides readers with a perspective of the world from
some of the 18th and 19th century's most talented writers. Written
for a range of audiences, these works are a treasure for any
curious reader looking to see the world through the eyes of ages
past. Beyond the main body of works the collection also includes
song-books, comedy, and works of satire. ++++The below data was
compiled from various identification fields in the bibliographic
record of this title. This data is provided as an additional tool
in helping to insure edition identification: ++++ British Library
Charles, Charles Mitchell; 1854. 2 vol.; 8 . 12628.e.9.
Kessinger Publishing is the place to find hundreds of thousands of
rare and hard-to-find books with something of interest for
everyone!
Kessinger Publishing is the place to find hundreds of thousands of
rare and hard-to-find books with something of interest for
everyone!
This scarce antiquarian book is a selection from Kessinger
Publishing's Legacy Reprint Series. Due to its age, it may contain
imperfections such as marks, notations, marginalia and flawed
pages. Because we believe this work is culturally important, we
have made it available as part of our commitment to protecting,
preserving, and promoting the world's literature. Kessinger
Publishing is the place to find hundreds of thousands of rare and
hard-to-find books with something of interest for everyone!
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