The Impact of Equity and Restitution in Commerce

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Peter Devonshire, Rohan Havelock
Bloomsbury Publishing, Nov 29, 2018 - Law - 272 pages
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

Preface
Table of Legislation
The Micro Level
Contract Property and Unjust Enrichment
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
Copyright

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About the author (2018)

Peter Devonshire is Professor of Law and Rohan Havelock is Senior Lecturer in Law both at the University of Auckland.

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