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The law of restitution has developed apace, taking its doctrinal
starting point for the most part from the principle of unjust
enrichment. This principle, however, has proved itself to be
theoretically unstable, particularly in respect of the proper
relationship of restitution with other bodies of law. This book is
an account of the law of restitution which provides coherence in
its relationships with other areas of private law, reflects a
consistent theoretical underpinning, and offers an organisation of
the law which is not solely dependent on theory but which also
reflects a contextual coherence. One important consequence of this
reformulation is that the subject matter which falls properly
within the ambit of the law of restitution is considerably less
than is currently supposed. Although directed to the substantive
law of New Zealand, the book is an important contribution to the
developing theoretical organisation of the law and extends far
beyond that jurisdiction.
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.
Consumer law, particularly consumer credit law, is characterised by
increasingly complex regulation in Western economies. Reacting to
the Global Financial Crisis, governments in the UK, the EU,
Australia, New Zealand and the United States have adopted new laws
dealing with consumer credit, responsible lending, consumer
guarantees and unfair contracts. Drawing together authors from all
of these jurisdictions, this book analyses and evaluates these
initiatives, and makes predictions as to their likely success and
possible flaws.
Consumer law, particularly consumer credit law, is characterised by
increasingly complex regulation in Western economies. Reacting to
the Global Financial Crisis, governments in the UK, the EU,
Australia, New Zealand and the United States have adopted new laws
dealing with consumer credit, responsible lending, consumer
guarantees and unfair contracts. Drawing together authors from all
of these jurisdictions, this book analyses and evaluates these
initiatives, and makes predictions as to their likely success and
possible flaws.
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.
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.
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.
Peter Birks's tragically early death, and his immense influence
around the world, led immediately to the call for a volume of
essays in his honour by scholars who had known him as a colleague,
teacher and friend. One such volume, published in 2006, contained
essays largely from scholars working in England (Mapping the Law:
Essays in Memory of Peter Birks, edited by Andrew Burrows and Lord
Rodger). This volume contains the essays of those outside England
who chose to honour Peter, and appears later than the English
volume, reflecting the far flung habitations of its authors. The
essays contained in this volume are focussed around the law of
unjust enrichment, but are not narrowly preoccupied - instead they
move freely from unjust enrichment to some of the most profound
questions in private law concerning taxonomy, the relationship
between contract, property and unjust enrichment, and the place of
remedies within private law. This volume, featuring the work of
some of the world's great private lawyers, provides a fitting
tribute to a great scholar, and a series of thought-provoking
essays inspired by his example. Contributors Kit Barker Michael
Bryan Peter Butler Hanoch Dagan Simone Degeling Daniel Friedmann
Mark Gergen Ross Grantham Steve Hedley John McCamus Mitchell
McInnes Eoin O'Dell Charles Rickett Struan Scott Emily Sherwin
Stephen Smith Richard Sutton Michael Tilbury Stephen Waddams Peter
Watts Ernest Weinrib Eric Descheemaeker
The decision of the House of Lords in Salomon v. Salomon & Co.,
Ltd has had lasting influence on the development of modern company
law. This one hundred year old decision articulated the founding
propositions of company law, and is accordingly treated with
reverence by academics and practitioners alike. The centenary of
the case therefore affords a convenient opportunity to review these
developments in company law. In doing so, the contributors to this
volume range broadly across the modern approaches to company law
and attempt to place key aspects of the subject in a theoretical
and historical perspective and to lay bare the structural,
theoretical, and policy issues which lie behind its day-to-day
technicalities.
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