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ENGLISH

The Concepts Of Unjust Enrichment

by Allan (Auckland University Of Technology) Beever

~~135,19€~~ 121,67€ 10% OFF

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 A thought-provoking revision of the law of unjust enrichment, arguing that the dominant model conceptualising it is incoherent.
ENGLISH

Contractual Indemnities

by Wayne (University Of Singapore) Courtney

~~175,74€~~ 158,17€ 10% OFF

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 This much welcomed new edition examines all recent developments in the field of contractual indemnities including Patel v Mirza, implied indemnities and bonds and guarantees.
ENGLISH

The Doctrine Of Privity In Negligence - Understanding The Path To Donoghue V Stevenson

by Emily (University Of Manchester) Gordon

~~128,43€~~ 115,59€ 10% OFF

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 Persuasive re-assessment of the role of Donoghue v Stevenson on the law of privity in negligence.
ENGLISH

Understanding Private Law - Essays In Honour Of Stephen A Smith

~~67,58€~~ 60,82€ 10% OFF

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 World-leading private lawyers explore the impact of Stephen A Smithâ€™s research on the fields of contract law, remedies, unjust enrichment, comparative law, and legal theory.
ENGLISH

Understanding Private Law - Essays In Honour Of Stephen A Smith

~~119,25€~~ 107,33€ 10% OFF

 World-leading private lawyers explore the impact of Stephen A Smithâ€™s research on the fields of contract law, remedies, unjust enrichment, comparative law, and legal theory.
ENGLISH

Understanding Private Law - Essays In Honour Of Stephen A Smith

~~119,25€~~ 107,33€ 10% OFF

 World-leading private lawyers explore the impact of Stephen A Smithâ€™s research on the fields of contract law, remedies, unjust enrichment, comparative law, and legal theory.
ENGLISH

Life And Death In Private Law

~~107,33€~~ 96,60€ 10% OFF

 Private law regulates life; this is self-evident, but how does it regulate death? This edited collection explores this question. Life and death are the beginning and end of the legal person: the instigator and terminator of rights, interests and obligations. They are also the nominal separator of particular fields of law (medical law from succession law, for example). As such they act as fault lines that can test the limit of private law principles and norms. This book explores what life and death tell us about private law and what private law can tell us about the meaning and value of life and death.
ENGLISH

Final Injunctions In Tort Law

by Aiden (Arnold Bloch Leibler, Australia) Lerch

~~121,67€~~ 109,50€ 10% OFF

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 The first considered study of final injunctions in tort law, setting out a novel taxonomy of such injunctions.
ENGLISH

Life And Death In Private Law

~~107,33€~~ 96,60€ 10% OFF

 Private law regulates life; this is self-evident, but how does it regulate death? This edited collection explores this question. Life and death are the beginning and end of the legal person: the instigator and terminator of rights, interests and obligations. They are also the nominal separator of particular fields of law (medical law from succession law, for example). As such they act as fault lines that can test the limit of private law principles and norms. This book explores what life and death tell us about private law and what private law can tell us about the meaning and value of life and death.
ENGLISH

Politics, Policy And Private Law, Volume Ii - Volume Ii: Contract, Commercial And Company Law

~~107,33€~~ 96,60€ 10% OFF

 Part two of a landmark study looking at the role of policy in private law, focusing on contract, commercial and corporate law.
ENGLISH

Politics, Policy And Private Law, Volume Ii - Volume Ii: Contract, Commercial And Company Law

~~107,33€~~ 96,60€ 10% OFF

 Part two of a landmark study looking at the role of policy in private law, focusing on contract, commercial and corporate law.
ENGLISH

Cause And Consideration - Exploring The Foundations Of Contract Law

~~119,25€~~ 107,33€ 10% OFF

 This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.
ENGLISH

Cause And Consideration - Exploring The Foundations Of Contract Law

~~119,25€~~ 107,33€ 10% OFF

 This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.
ENGLISH

Unjust Enrichment And Countervailing Obligations

by Kv Krishnaprasad

~~101,36€~~ 91,22€ 10% OFF

 This book explores the relationship between the English law of unjust enrichment and legal obligations arising from other branches of the law. It examines the question, primarily, by considering how English courts resolve conflicts between restitution claims and countervailing legal entitlements. This is much needed given recent cases such as IEG v Zurich Insurance and Avonwick Holdings Ltd v Azitio Holdings Ltd clearly showing the differing positions taken by English courts on the question. By applying insights from the theory of unjust enrichment to Anglo-Australian case law, this study gives a welcome cogent explanation of a complex question.
ENGLISH

Unjust Enrichment And Countervailing Obligations

by Kv Krishnaprasad

~~101,36€~~ 91,22€ 10% OFF

 This book explores the relationship between the English law of unjust enrichment and legal obligations arising from other branches of the law. It examines the question, primarily, by considering how English courts resolve conflicts between restitution claims and countervailing legal entitlements. This is much needed given recent cases such as IEG v Zurich Insurance and Avonwick Holdings Ltd v Azitio Holdings Ltd clearly showing the differing positions taken by English courts on the question. By applying insights from the theory of unjust enrichment to Anglo-Australian case law, this study gives a welcome cogent explanation of a complex question.
ENGLISH

Good Faith And Relational Contracts, Volume 1 - Theory, Practice And Future Developments

by Anthony Gray

~~53,65€~~ 48,29€ 10% OFF

 This book explores the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. This doctrine is well-accepted in civil law, is reflected in international commercial law, and is a fundamental aspect of private law in the USA. However, its use in the UK is extremely limited. Inconsistent application has given rise to confusion and uncertainty. This apparent antipathy is somewhat hard to fathom, given its previous widespread acceptance in English law. The book explains in depth the history of good faith in English law, and clarifies its current status in English, Australian and international law. It explores the relationship between good faith within contractual relations and the neighbour principle in tort law, and notes the workability of good faith in the commercial context of insurance. This will be welcomed by contract lawyers in both common law and civil law jurisdictions. A subsequent volume will explore how acceptance of good faith in the law might lead to a re-interpretation of existing contract law doctrine.
ENGLISH

Good Faith And Relational Contracts, Volume 1 - Theory, Practice And Future Developments

by Anthony Gray

~~53,65€~~ 48,29€ 10% OFF

 This book explores the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. This doctrine is well-accepted in civil law, is reflected in international commercial law, and is a fundamental aspect of private law in the USA. However, its use in the UK is extremely limited. Inconsistent application has given rise to confusion and uncertainty. This apparent antipathy is somewhat hard to fathom, given its previous widespread acceptance in English law. The book explains in depth the history of good faith in English law, and clarifies its current status in English, Australian and international law. It explores the relationship between good faith within contractual relations and the neighbour principle in tort law, and notes the workability of good faith in the commercial context of insurance. This will be welcomed by contract lawyers in both common law and civil law jurisdictions. A subsequent volume will explore how acceptance of good faith in the law might lead to a re-interpretation of existing contract law doctrine.
ENGLISH

Commercial Uses Of Trusts - Rethinking The Traditional Approach

by Ruiqiao Zhang

~~50,07€~~ 45,06€ 10% OFF

 This book provides a systematic and critical analysis of the role trusts play in modern commercial markets. Commercial trusts are complex and ever-evolving, and a reassessment of the traditional legal norms relating to them is much needed in order to provide new doctrinal insights. The book does just that: focusing on trusts in the UK, while drawing on developments in European jurisdictions and in China. It presents a thought-provoking assessment and a unified understanding of commercial trusts.
ENGLISH

Subrogation And Marshalling

by Rory Gregson

~~50,07€~~ 45,06€ 10% OFF

 This innovative and thought-provoking book studies how subrogation and marshalling should be understood in the context of private law. Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else''s extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation''s role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.
ENGLISH

Subrogation And Marshalling

by Rory Gregson

~~50,07€~~ 45,06€ 10% OFF

 This innovative and thought-provoking book studies how subrogation and marshalling should be understood in the context of private law. Subrogation and marshalling are legal rules which give a person new rights with prima facie the same content as someone else''s extinguished rights. There is little examination of why the law does this. This book argues that the key to understanding subrogation is the distinctive form of the rights that it creates. The form of rights created reflects a particular role in ensuring interpersonal justice: subrogation''s role is to properly distribute the burden of debts. Taking this model, the book goes on to resolve persistent controversies in the case law, including when subrogation should occur, what rights it should create, the relationship between subrogation and marshalling, and whether subrogation is a remedy for unjust enrichment.
ENGLISH

Commercial Uses Of Trusts - Rethinking The Traditional Approach

by Ruiqiao Zhang

~~50,07€~~ 45,06€ 10% OFF

 This book provides a systematic and critical analysis of the role trusts play in modern commercial markets. Commercial trusts are complex and ever-evolving, and a reassessment of the traditional legal norms relating to them is much needed in order to provide new doctrinal insights. The book does just that: focusing on trusts in the UK, while drawing on developments in European jurisdictions and in China. It presents a thought-provoking assessment and a unified understanding of commercial trusts.
ENGLISH

Scope And Structure Of Unjust Enrichment

by Duncan Sheehan

~~50,07€~~ 45,06€ 10% OFF

 This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject''s critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as "necessity" should be excluded from the subject area. The book concludes with a treatment of defences.
ENGLISH

Scope And Structure Of Unjust Enrichment

by Duncan Sheehan

~~50,07€~~ 45,06€ 10% OFF

 This ambitious book grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. Responding to the subject''s critics, it presents a clearly articulated structure for this branch of private law, arguing that while unjust enrichment has the function of reversing defective enrichments (whether by performance or in another way) there is scope for normative pluralism in how the law achieves this. Drawing heavily on comparative material from Germany, Scotland and South Africa the book then argues for a legal framework which combines elements of the absence of basis and unjust factors approaches. It assesses how that structure can be mapped against the causes of action that make up unjust enrichment, arguing that some are performance claims - reversing a deliberate, intentional performance - and some are non-performance claims. Other claims, often included in books on unjust enrichment, such as "necessity" should be excluded from the subject area. The book concludes with a treatment of defences.
ENGLISH

Politics, Policy And Private Law - Volume I: Tort, Property And Equity

~~53,65€~~ 48,29€ 10% OFF

 This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.
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