The Future Of The Minimum Equity And The Appropriate Fault Line In Promissory And Proprietary Estoppel PDF Download
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Author | : Lee Aitken |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : |
ISBN | : |
Download The Future of the 'Minimum Equity' and the Appropriate 'Fault Line' in Promissory and Proprietary Estoppel Book in PDF, ePub and Kindle
This article considers the proper measure of relief in promissory and proprietary estoppel. It is observed that clear guidance is lacking. The author argues that because it is not possible to treat uniformly the loss of a house in a domestic or family situation and a multi million dollar failed bond deal, a distinction, for purposes of determining appropriate relief, could be drawn between cases of a purely domestic nature and those that are self-evidently commercial.
Author | : Greg Weeks |
Publisher | : Bloomsbury Publishing |
Total Pages | : 343 |
Release | : 2016-02-25 |
Genre | : Law |
ISBN | : 178225689X |
Download Soft Law and Public Authorities Book in PDF, ePub and Kindle
This book considers the phenomenon of soft law employed by domestic public authorities. Lawyers have long understood that public authorities are able to issue certain communications in a way that causes them to be treated like law, even though these are neither legislation nor subordinate legislation. Importantly for soft law as a regulatory tool, people tend to treat soft law as binding even though public authorities know that it is not. It follows that soft law's 'binding' effects do not apply equally between the public authority and those to whom it is directed. Consequently, soft law is both highly effective as a means of regulation, and inherently risky for those who are regulated by it. Rather than considering soft law as a form of regulation, this book examines the possible remedies when a public authority breaches its own soft law upon which people have relied, thereby suffering loss. It considers judicial review remedies, modes of compensation which are not based upon a finding of invalidity, namely tort and equity, and 'soft' challenges outside the scope of the courts, such as through the Ombudsman or by seeking an ex gratia payment.
Author | : James Glister |
Publisher | : Bloomsbury Publishing |
Total Pages | : 300 |
Release | : 2012-05-18 |
Genre | : Law |
ISBN | : 1847319432 |
Download Fault Lines in Equity Book in PDF, ePub and Kindle
Equity, the body of law developed in the English Court of Chancery, has a long and distinguished history. In the twenty-first century it continues to be an important regulator of both commercial and personal dealings, as well as informing statutory regulation. Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. The essays in this collection employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology. Leading scholars and practitioners from England, Australia and New Zealand examine such contentious topics as personal and proprietary liability for breaches of equitable duties (including fiduciary duties), the creation of non-express trusts, equitable rights in insolvency, the fiduciary 'self dealing' rule, clogs on the equity of redemption, the distribution of assets on family breakdown, and the suitability of unjust enrichment analysis. The authors address specific doctrinal questions as well as the 'meta' issues of organisation and methodology, and their findings will be of value to academics and practitioners alike.
Author | : Sean Wilkin |
Publisher | : |
Total Pages | : 626 |
Release | : 1998-04-27 |
Genre | : Law |
ISBN | : |
Download The Law of Estoppel, Variation and Waiver Book in PDF, ePub and Kindle
Estoppel, variation and waiver are three overlapping doctrines in commercial law which are invoked to alter or end existing contractual arrangements. Because there has been no systematic classification and analysis of the doctrines and there is no obvious dividing line between them, this a difficult area for practitioners. This book examines all three doctrines and helps attorneys decide when and how to use them effectively.
Author | : Sean Wilken |
Publisher | : OUP Oxford |
Total Pages | : 536 |
Release | : 2012-02-02 |
Genre | : Law |
ISBN | : 0191631035 |
Download The Law of Waiver, Variation and Estoppel Book in PDF, ePub and Kindle
The doctrines of waiver, variation and estoppel are relied upon to justify or criticize a party's changed position as to its contractual obligations. This book provides a complete practitioner guide to these complex but important doctrines, analysing their basic foundations and their relationship with other areas of law including contract, restitution, and equity. As well as clarifying and explaining these doctrines in relation to other areas it also considers their application in various aspects of commercial law. This new edition provides a thorough analysis of the increasing trend in commercial parties to insert "no waiver" clauses into contracts and considers the behaviour adopted by the courts in relation to these and other matters. It also includes coverage of important cases such as the House of Lords decision in Yeoman v Cobbe, Dallah Real Estate v Pakistan Ministry of Religious Affairs and those such as the Scottish decision in City Inns which demonstrate an on-going confusion and uncertainty in the analysis and application of these doctrines.
Author | : K. R. Handley |
Publisher | : |
Total Pages | : 356 |
Release | : 2013 |
Genre | : Estoppel |
ISBN | : 9780414028449 |
Download Estoppel by Conduct and Election Book in PDF, ePub and Kindle
Author | : Graham Virgo |
Publisher | : Oxford University Press |
Total Pages | : 782 |
Release | : 2023-05-15 |
Genre | : |
ISBN | : 0192857177 |
Download The Principles of Equity and Trusts Book in PDF, ePub and Kindle
The Principles of Equity and Trusts offers a refreshing, student-focused approach to a dynamic area of law. In the fifth edition of his best-selling textbook, Professor Graham Virgo brings his expertise as a teacher to deliver an engaging, contextual account of the essential principles oftrusts and their equitable remedies.Virgo states the law in plain terms before building on an area of debate and encouraging students to fully engage with the inherent issues within the subject. Concise and authoritative analysis enables students to grasp the principles of trusts, develop the confidence to engage fully with thesubject area, and excel in their studies.Virgo approaches the topics with unparalleled clarity and provides the academic rigour for which this text has come to be relied upon. Combining expert knowledge and comprehensive coverage, this is the ideal companion to a course in trusts.Digital formats and resourcesThe fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.DT The e-book offers a mobile experience and convenient access along with self-assessment activities, multi-media content including author videos, web links to key cases, functionality tools, navigation features and links that offer extra learning support: http://www.oxfordtextbooks.co.uk/ebooksDT The online resources includes self-test and scenario questions with feedback, videos from the author, and web links to key cases
Author | : Shelley Elizabeth Griffiths |
Publisher | : |
Total Pages | : 329 |
Release | : 2014 |
Genre | : Finance |
ISBN | : 9780864728630 |
Download Exploring Tensions in Finance Law Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 162 |
Release | : 1961 |
Genre | : Natural gas |
ISBN | : |
Download Uniform System of Accounts Prescribed for Natural Gas Companies Book in PDF, ePub and Kindle
Systems of accounts applicable to Class A, B, C, and D utilities.
Author | : Graham Virgo |
Publisher | : Cambridge University Press |
Total Pages | : 625 |
Release | : 2017-08-24 |
Genre | : Law |
ISBN | : 1316764559 |
Download Commercial Remedies: Resolving Controversies Book in PDF, ePub and Kindle
The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.