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The Impact of Equity and Restitution in Commerce

Editor(s): Peter Devonshire, Rohan Havelock
Media of The Impact of Equity and Restitution in Commerce
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Published: 29-11-2018
Format: EPUB eBook (?)
Edition: 1st
Extent: 272
ISBN: 9781509915668
Imprint: Hart Publishing
Series: Hart Studies in Private Law
RRP: £86.40
Online price : £77.76
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About The Impact of Equity and Restitution in Commerce

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed.

This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

Table Of Contents

1. Introduction: The Macro Level
Peter Devonshire and Rohan Havelock
2. Introduction: The Micro Level
Peter Devonshire and Rohan Havelock
3. The Commercial Triple Helix: Contract, Property and Unjust Enrichment
Sarah Worthington
4. Proprietary Claims to Recover Mistaken or Unauthorised Payments
Peter Jaffey
5. Restitution: A New Start?
Lionel Smith
6. Rivalry over Liability for Defective Transfers
Rohan Havelock
7. Equity and the Value of Certainty in Commercial Life
Matthew Harding
8. Expansion of the Fiduciary Paradigm into Commercial Relationships: The Australian Experience
Stephen Gageler
9. Deemed Performance in Account of Profits
Lusina Ho
10. Forfeiture of Agents' Remuneration
Peter Watts
11. Third-Party Liability of Recipients of Trust Property
David Hayton
12. Account of Profits for Accessory Liability: Still in the Thrall of Fiduciary Doctrine?
Peter Devonshire

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