Landmark Cases in the Law of Restitution - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Landmark Cases in the Law of Restitution write by C Mitchell. This book was released on 2006-04-18. Landmark Cases in the Law of Restitution available in PDF, EPUB and Kindle. It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.
Landmark Cases in the Law of Tort
Landmark Cases in the Law of Tort - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Landmark Cases in the Law of Tort write by Charles Mitchell. This book was released on 2010-02-18. Landmark Cases in the Law of Tort available in PDF, EPUB and Kindle. Landmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been – undeservedly – assigned minor importance. Other essays explore the judicial methodologies and techniques that worked to shape leading principles of tort law. So much of tort law turns on cases, and there are so many cases, that all but the most recent decisions have a tendency to become reduced to terse propositions of law, so as to keep the subject manageable. This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.
Landmark Cases in Equity
Landmark Cases in Equity - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Landmark Cases in Equity write by Charles Mitchell. This book was released on 2012-07-06. Landmark Cases in Equity available in PDF, EPUB and Kindle. Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.
Landmark Cases in the Law of Contract
Landmark Cases in the Law of Contract - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Landmark Cases in the Law of Contract write by Charles Mitchell. This book was released on 2008-05-30. Landmark Cases in the Law of Contract available in PDF, EPUB and Kindle. Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth- to the late twentieth-centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.
Landmark Cases in Property Law
Landmark Cases in Property Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Landmark Cases in Property Law write by Simon Douglas. This book was released on 2015-06-25. Landmark Cases in Property Law available in PDF, EPUB and Kindle. Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.
