The Impact of Equity and Restitution in CommercePeter Devonshire, Rohan Havelock 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. |
Contents
Proprietary Claims to Recover Mistaken or Unauthorised Payments | |
A New Start? | |
Rivalry over Liability for Defective Transfers | |
Equity and the Value of Certainty in Commercial Life | |
The Australian | |
Deemed Performance in Account of Profits | |
Forfeiture of Agents Remuneration | |
Other editions - View all
The Impact of Equity and Restitution in Commerce Peter Devonshire,Rohan Havelock Limited preview - 2018 |
The Impact of Equity and Restitution in Commerce Peter Devonshire,Rohan Havelock No preview available - 2021 |
The Impact of Equity and Restitution in Commerce Peter Devonshire,Rohan Havelock No preview available - 2018 |
Common terms and phrases
accessory liability account of profits agent approach arising Australia Bank basis beneficiary Birks breach of fiduciary breach of trust causation cause of action Citigroup claimant commercial parties common law conscience constructive trust context contract Corrective Justice D’s estate deemed performance defective transfers defendant defendant’s disgorgement dishonest assistance economic benefit edn Oxford entitled equitable proprietary claim equity equity’s EWCA Civ EWHC fact failure of consideration fiduciary duty fiduciary obligations fiduciary relationship fiduciary’s forfeiture Hart Publishing here–here High Court Imageview knowing receipt Law of Restitution law of unjust Law Review legal title Lord Lord Browne-Wilkinson mistaken payment normative NZLR Oxford University Press plaintiff principle private law Pty Ltd purchaser reason recipient recover relevant remedial constructive trust remuneration restitutionary resulting trust rule Samba Financial Group specific asset surviving value third party tort transaction trust property trusts law UKSC unauthorised unconscionable unjust enrichment Westdeutsche