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This book presents a clear, carefully-analysed picture of the
operation of equity today, across the common law world. Rather than
revisit the abstract debate as to whether or not equity has 'fused'
with the common law, it focuses on specific equitable principles
and doctrines. Expert contributors step back and take a wider view
of those doctrines, examining how they can best be understood
today, and how they might develop in the future. This will prove
invaluable to practitioners and courts (at first instance as well
as appellate level), allowing them to navigate the
constantly-growing mass of case law. Drawing on expertise from
across the worlds of academia, practice and the bench, this seminal
collection provides the most illuminating picture available of how
equity operates.
The Law of Rescission is an extensive analysis of the law
concerning the rescission of contracts and gifts in England and
Wales, and also contains detailed reference to the law of other
parts of the Commonwealth including Australia, New Zealand, Canada,
British Virgin Islands, Cayman Islands, Isle of Man, Singapore,
Hong Kong, Malaysia, and India. This is the leading work in the
field. The revised third edition builds on the established format
of the previous edition, fully updating case law and considering
how developments, such as the introduction of machine generated
contracts, impacts on the law. The book also incorporates new
legislation, such as The Insurance Act 2015. Rescission is
frequently sought in commercial, property, and insurance disputes,
making this book an essential reference for all lawyers involved in
civil litigation, as well as for civil judges. The Law of Recission
has has been cited by courts in England and Wales, as well as
Australia and Canada. Academics will also find this book of great
interest when researching contracts, remedies, or restitution.
In Woolwich v IRC 1993] AC 70 (HL), the UK's House of Lords held
that taxes unlawfully exacted by the Revenue are recoverable by the
taxpayer as of right. However, the torrent of subsequent litigation
and commentary demonstrates that many fundamental elements of the
Woolwich principle still remain to be resolved. Colossal amounts of
money hinge on these issues. The essays in this collection explore
these issues of restitution of overpaid taxes from various
perspectives - including the tax background, various private law
claims, alternative public law approaches, defenses, and remedies -
and in the light of leading cases from various jurisdictions, such
as Australia, Canada, the EU, Germany, Ireland, and the UK.
(Series: Hart Studies in Private Law - Vol. 5)
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