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This comprehensive yet accessible Research Handbook offers an
expert guide to the key concepts, principles and debates in the
modern law of unjust enrichment and restitution. Written by leading
experts drawn from a wide range of common law, civilian and mixed
jurisdictions, chapters cover the complex history, scope and
philosophical foundations of the subject, its organisational
structure, main liability principles, defences and remedies.
Utilising a broad array of legal authority and academic commentary,
contributors engage with the key concepts and debates in a way that
offers a direct route into the field for new researchers, as well
as a source of original thinking for those already familiar with
the subject. Throughout, the learning of both civilian and common
law legal systems is juxtaposed and integrated, offering useful
comparative insights and lessons for the future development of this
still young, but critically important field of law. Engaging and
thought provoking, the Research Handbook on Unjust Enrichment and
Restitution will prove indispensable to academics and researchers
in the field of private and commercial law. Judges and
practitioners will also have much to gain from the clear
presentation of authorities, principles and useful comparative
perspectives. Contributors include: E. Bant, K. Barker, K. Barnett,
M. Bryan, A. Burrows, M. Chen-Wishart, H. Dagan, S. Degeling, J.
Gordley, R. Grantham, R. Gregson, B. Hacker, L. Ho, D. Ibbetson, D.
Klimchuk, T. Krebs, A. Kull, R. Leow, T. Liau, M. McInnes, C.
Mitchell, C. Rotherham, H. Scott, G. Virgo, S. Watterson, E.
Weinrib, C. Wonnell, T.H. Wu
This book brings together a wide range of contributors from across
the common law world to identify and debate the principal moral and
systemic challenges facing private law in the remaining part of the
twenty-first century. The various contributions identify serious
problems relating to complexity and overload, threats to research
and education, the law's unintelligibility, the unsatisfactory
nature of the law reform process and a general lack of public
engagement. They consider the respective future roles of statutes,
codes, and judge-made law (in the form of both common law and
equitable rules). They consider how best to organise the private
law system internally, and how to co-ordinate it externally with
other public and economic systems (human rights, regulation,
insurance markets and social security frameworks). They address the
challenges for private law presented by new forms of technology,
and by modern demands for the protection of new and intangible
forms of moral interest, such as interests in privacy,
'vindication' and 'personal choice'. They also engage with the
critical contemporary debates about access to, and the
privatisation of, civil justice. The work is designed as a source
of inspiration and reference for private lawyers, as well as
legislators, policy-makers and students.
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The Art of Forgiveness (Hardcover)
Philip Halstead, Myk Habets; Contributions by Kit Barker, Dale Campbell, David P. Gushee, …
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R2,915
Discovery Miles 29 150
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Ships in 12 - 17 working days
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Forgiveness is at the heart of the Christian Gospel. It goes hand
in hand with love, mercy, and grace, the fundamental theological
virtues. However, forgiveness is easier to define than it is to
embody. This unique collection of essays brings together
theologians, ethicists, and ministry practitioners into a
constructive dialog which explores the complex and crucial concept
of forgiveness: what it is, where it is to be found, and how it
might be practiced. These essays reflect the perspectives of those
from various traditions who nonetheless take the Christian
Scriptures seriously, believe that forgiveness is central to living
out the Gospel, and are creative in the ways in which forgiveness
can be practiced. Forgiveness is an art and not simply a science;
as such it requires trust, skill, and hope alongside love, mercy,
and grace if it is to be embodied. This volume offers a unique
window into the art of forgiveness and the faithful and innovative
ways in which it is to be understood, embodied, and cultivated.
2013 was the 50th anniversary of the House of Lords' landmark
decision in Hedley Byrne v Heller. This international collection of
essays brings together leading experts from five of the most
important jurisdictions in which the case has been received (the
United Kingdom, the United States, New Zealand, Canada and
Australia) to reappraise its implications from a number of
complementary perspectives-historical, theoretical, conceptual,
doctrinal and comparative. It explores modern developments in the
law of misstatement in each of the jurisdictions; examines the
case's profound effects on the conceptual apparatus of the law of
negligence more generally; explores the intersections between
misstatement liabilities in contract, tort, equity and under
statutory consumer protection provisions; and critically assesses
the ways in which advisor liabilities have come to be limited and
distributed under systems of 'joint and several' and
'proportionate' liability respectively. Inspired by Hedley Byrne,
the purpose of the collection is to reflect on the case's echoes,
effects and analogues throughout the private law and to provide a
platform for thinking about the ways in which liabilities for
misstatement and pure economic loss should be modelled in the
modern day.
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Finding Lost Words (Paperback)
G Geoffrey Harper, Kit Barker; Foreword by David G. Firth
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R1,006
R820
Discovery Miles 8 200
Save R186 (18%)
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Out of stock
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2013 was the 50th anniversary of the House of Lords' landmark
decision in Hedley Byrne v Heller. This international collection of
essays brings together leading experts from five of the most
important jurisdictions in which the case has been received (the
United Kingdom, the United States, New Zealand, Canada and
Australia) to reappraise its implications from a number of
complementary perspectives-historical, theoretical, conceptual,
doctrinal and comparative. It explores modern developments in the
law of misstatement in each of the jurisdictions; examines the
case's profound effects on the conceptual apparatus of the law of
negligence more generally; explores the intersections between
misstatement liabilities in contract, tort, equity and under
statutory consumer protection provisions; and critically assesses
the ways in which advisor liabilities have come to be limited and
distributed under systems of 'joint and several' and
'proportionate' liability respectively. Inspired by Hedley Byrne,
the purpose of the collection is to reflect on the case's echoes,
effects and analogues throughout the private law and to provide a
platform for thinking about the ways in which liabilities for
misstatement and pure economic loss should be modelled in the
modern day.
This collection of essays investigates the way in which modern
private law apportions responsibility between multiple parties who
are (or may be) responsible for the same legal event. It examines
both doctrines and principles that share responsibility between
plaintiffs and defendants, on the one hand, and between multiple
defendants, on the other. The doctrines examined include those
'originating' doctrines which operate to create shared liabilities
in the first place (such as vicarious and accessorial liability);
and, more centrally, those doctrines that operate to distribute the
liabilities and responsibilities so created. These include the
doctrine of contributory (comparative) negligence, joint and
several (solidary) liability, contribution, reimbursement, and
'proportionate' liability, as well as defences and principles of
equitable 'allowance' that permit both losses and gains to be
shared between parties to civil proceedings. The work also
considers the principles which apportion liability between multiple
defendants and insurers in cases in which the cause, or timing, of
a particular loss is hard to determine. The contributions to this
volume offer important perspectives on the law in the UK, USA,
Canada, Australia and New Zealand, as well as a number of civilian
jurisdictions. They explicate the main rules and trends and offer
critical insights on the growth and distribution of shared
responsibilities from a number of different perspectives -
historical, comparative, empirical, doctrinal and philosophical.
The aim of this edited collection of essays is to examine the
relationship between private law and power - both the public power
of the state and the 'private' power of institutions and
individuals. It describes and critically assesses the way that
private law doctrines, institutions, processes and rules express,
moderate, facilitate and control relationships of power. The
various chapters of this work examine the dynamics of the
relationship between private law and power from a number of
different perspectives - historical, theoretical, doctrinal and
comparative. They have been commissioned from leading experts in
the field of private law, from several different Commonwealth
Jurisdictions (Australia, the UK, Canada and New Zealand), each
with expertise in the particular sphere of their contribution. They
aim to illuminate the past and assist in resolving some
contemporary, difficult legal issues relating to the shape, scope
and content of private law and its difficult relationship with
power.
Christian readers of the Hebrew Bible are often faced with a
troubling tension. On the one hand, they are convinced that this
ancient text is relevant today, yet on the other, they remain
perplexed at how this can be so, particularly when parts of it
appear to condone violence. Barker's volume seeks to address this
tension in two parts: (1) by defending a particular form of
theological interpretation and (2) by applying this interpretive
method to the imprecatory psalms. Barker suggests that the goal of
theological interpretation is to discover God's voice in the text.
While he recognizes that this goal could encourage a subjective
methodology, Barker offers a hermeneutic that clearly locates God's
voice in the text of Scripture. Utilizing the resources of speech
act theory, Barker notes that texts convey meaning at a number of
literary levels and that God's appropriation of speech acts at
these levels is not necessarily uniform for each genre. He also
discusses how the Christian canon alters the context of these
ancient speech acts, both reshaping and enabling their continued
function as divine discourse. In order to demonstrate the
usefulness of this hermeneutic, Barker offers theological
interpretations of Psalms 69 and 137. He demonstrates how
christological fulfilment and the call to forgive one's enemies are
determinative for a theological interpretation of these troubling
psalms, concluding that they continue to form an essential part of
God's voice that must not be ignored.
The aim of this edited collection of essays is to examine the
relationship between private law and power - both the public power
of the state and the 'private' power of institutions and
individuals. It describes and critically assesses the way that
private law doctrines, institutions, processes and rules express,
moderate, facilitate and control relationships of power. The
various chapters of this work examine the dynamics of the
relationship between private law and power from a number of
different perspectives - historical, theoretical, doctrinal and
comparative. They have been commissioned from leading experts in
the field of private law, from several different Commonwealth
Jurisdictions (Australia, the UK, Canada and New Zealand), each
with expertise in the particular sphere of their contribution. They
aim to illuminate the past and assist in resolving some
contemporary, difficult legal issues relating to the shape, scope
and content of private law and its difficult relationship with
power.
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