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Vol 24 No 9 Sept/Oct 2019

Book of the Month

Cover of The Anti-Suit Injunction

The Anti-Suit Injunction

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The Impact of Equity and Restitution in Commerce

Edited by: Peter Devonshire, Rohan Havelock

ISBN13: 9781509915644
Published: November 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



In stock.

Also available as
£72.00
+ £14.40 VAT

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 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. The first five chapters primarily address this impact at a macro-level, focusing on the roles of equity and restitution in terms of legal taxonomy, doctrine and policy. In contrast, the last five chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and restitution in the context of commerce.

This bifocal approach enables a holistic appreciation of some important ways in which equity and restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

Subjects:
Commercial Law, Equity and Trusts, Restitution
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

Series: Hart Studies in Private Law

Resulting Trusts ISBN 9781849465489
To be published July 2021
Hart Publishing
£80.00
The Irreducible Core of the Trust ISBN 9781782257172
To be published August 2020
Hart Publishing
£60.00
A Unified Approach to Contract Interpretation ISBN 9781509927579
To be published June 2020
Hart Publishing
£70.00
Legislation and Reform in the Law of Obligations ISBN 9781849463188
To be published June 2020
Hart Publishing
£70.00
Unexpected Consequences of Compensation Law ISBN 9781509927999
To be published June 2020
Hart Publishing
£70.00
Rationalising Constructive Trusts ISBN 9781509935161
To be published January 2020
Hart Publishing
£45.00
Reconceptualising Strict Liability for the Tort of Another ISBN 9781509917532
To be published November 2019
Hart Publishing
£60.00
Equity, Trusts and Commerce ISBN 9781509932184
Published September 2019
Hart Publishing
£40.00
Equitable Compensation and Disgorgement of Profit ISBN 9781509931279
Published August 2019
Hart Publishing
£40.00
Negligence and Illegality ISBN 9781509929788
Published June 2019
Hart Publishing
£30.00
Private Law and Power ISBN 9781509929726
Published May 2019
Hart Publishing
£40.00
Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781509928880
Published April 2019
Hart Publishing
£30.00
Comparative Law in Practice: Contract Law in a Mid-Channel Jurisdiction ISBN 9781509927531
Published February 2019
Hart Publishing
£35.00
A Theory of Tort Liability ISBN 9781509926428
Published December 2018
Hart Publishing
£27.99
Apportionment in Private Law ISBN 9781509917501
Published December 2018
Hart Publishing
£85.00
The Impact of Equity and Restitution in Commerce (eBook) ISBN 9781509915668
Published November 2018
Hart Publishing
£72.00 + £14.40 VAT
(ePub)
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Evidential Uncertainty in Causation in Negligence ISBN 9781509924486
Published November 2018
Hart Publishing
£27.99
Vicarious Liability: Critique and Reform ISBN 9781509920235
Published September 2018
Hart Publishing
£65.00
Vicarious Liability: Critique and Reform (eBook) ISBN 9781509920242
Published September 2018
Hart Publishing
£58.50 + £11.70 VAT
(ePub)
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Illegality after Patel v Mirza ISBN 9781509912773
Published June 2018
Hart Publishing
£85.00
Illegality after Patel v Mirza (eBook) ISBN 9781509912780
Published June 2018
Hart Publishing
£76.50 + £15.30 VAT
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Defences in Unjust Enrichment ISBN 9781509921102
Published April 2018
Hart Publishing
£39.99
The Duty of Care in Negligence (eBook) ISBN 9781509914869
Published February 2018
Hart Publishing
£49.50 + £9.90 VAT
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The Duty of Care in Negligence ISBN 9781509914845
Published February 2018
Hart Publishing
£55.00
£34.99
Money Awards in Contract Law ISBN 9781509917051
Published September 2017
Hart Publishing
£27.99
Rationalising Constructive Trusts ISBN 9781849465960
Published September 2017
Hart Publishing
£90.00
Rationalising Constructive Trusts (eBook) ISBN 9781509917075
Published September 2017
Hart Publishing
£81.00 + £16.20 VAT
(ePub)
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Causation in Negligence ISBN 9781509905034
Published August 2017
Hart Publishing
£25.99
Accessory Liability ISBN 9781509914104
Published May 2017
Hart Publishing
£31.99
Equity, Trusts and Commerce ISBN 9781509907298
Published May 2017
Hart Publishing
£85.00
Equity, Trusts and Commerce (eBook) ISBN 9781509907304
Published May 2017
Hart Publishing
£36.00 + £7.20 VAT
(ePub)
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Equitable Compensation and Disgorgement of Profit (eBook) ISBN 9781509901463
Published April 2017
Hart Publishing
£36.00 + £7.20 VAT
(ePub)
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Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
Published April 2017
Hart Publishing
£85.00
Tort Law and Human Rights 2nd ed (eBook) ISBN 9781509913176
Published February 2017
Hart Publishing
£67.50 + £13.50 VAT
(ePub)
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Tort Law and Human Rights 2nd ed ISBN 9781841139074
Published February 2017
Hart Publishing
£75.00
Private Law in the 21st Century ISBN 9781509908585
Published January 2017
Hart Publishing
£120.00
Negligence and Illegality (eBook) ISBN 9781509906673
Published January 2017
Hart Publishing
£27.00 + £5.40 VAT
(ePub)
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Private Law in the 21st Century (eBook) ISBN 9781509908592
Published January 2017
Hart Publishing
£108.00 + £21.60 VAT
(ePub)
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Negligence and Illegality ISBN 9781509906666
Published January 2017
Hart Publishing
£65.00
Private Law and Power ISBN 9781509905997
Published January 2017
Hart Publishing
£80.00
Private Law and Power (eBook) ISBN 9781509906000
Published January 2017
Hart Publishing
£36.00 + £7.20 VAT
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£27.00 + £5.40 VAT
(ePub)
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Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781782258391
Published October 2016
Hart Publishing
£65.00
£31.50 + £6.30 VAT
(ePub)
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£70.00
A Theory of Tort Liability (eBook) ISBN 9781509903191
Published June 2016
Hart Publishing
£25.18 + £5.04 VAT
(ePub)
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A Theory of Tort Liability ISBN 9781509903184
Published June 2016
Hart Publishing
£60.00
Tort Law Defences ISBN 9781509905027
Published April 2016
Hart Publishing
£31.99
Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
Published March 2016
Hart Publishing
£25.18 + £5.04 VAT
(ePub)
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Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
Published March 2016
Hart Publishing
£60.00
Defences in Unjust Enrichment (eBook) ISBN 9781782256359
Published January 2016
Hart Publishing
£35.98 + £7.20 VAT
(ePub)
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Defences in Unjust Enrichment ISBN 9781849467254
Published January 2016
Hart Publishing
£85.00
Contractual Indemnities ISBN 9781509905010
Published December 2015
Hart Publishing
£39.99
£31.48 + £6.30 VAT
(ePub)
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Money Awards in Contract Law ISBN 9781849464574
Published June 2015
Hart Publishing
£60.00
Money Awards in Contract Law (eBook) ISBN 9781782252962
Published June 2015
Hart Publishing
£25.18 + £5.04 VAT
(ePub)
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Accessory Liability ISBN 9781849462877
Published January 2015
Hart Publishing
£70.00
Accessory Liability (eBook) ISBN 9781849469579
Published January 2015
Hart Publishing
£28.78 + £5.76 VAT
(ePub)
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Causation in Negligence ISBN 9781849463317
Published December 2014
Hart Publishing
£70.00
Causation in Negligence (eBook) ISBN 9781782255215
Published December 2014
Hart Publishing
£23.38 + £4.68 VAT
(ePub)
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Contractual Indemnities ISBN 9781849462907
Published April 2014
Hart Publishing
£100.00
Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
Hart Publishing
£35.98 + £7.20 VAT
(ePub)
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The Europeanisation of English Tort Law (eBook) ISBN 9781782253808
Published March 2014
Hart Publishing
£49.50 + £9.90 VAT
(ePub)
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The Europeanisation of English Tort Law ISBN 9781849463195
Published March 2014
Hart Publishing
£55.00
Law of Private Nuisance ISBN 9781849465069
Published September 2013
Hart Publishing
£45.00
Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£40.50 + £8.10 VAT
(ePub)
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Iniuria and the Common Law ISBN 9781849465038
Published August 2013
Hart Publishing
£65.00
Iniuria and the Common Law (eBook) ISBN 9781782253389
Published August 2013
Hart Publishing
£58.50 + £11.70 VAT
(ePub)
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Tort Law Defences (eBook) ISBN 9781782251897
Published July 2013
Hart Publishing
£28.78 + £5.76 VAT
(ePub)
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Tort Law Defences ISBN 9781849462914
Published July 2013
Hart Publishing
£75.00
£63.00 + £12.60 VAT
(ePub)
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Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer ISBN 9781849462235
Published July 2013
Hart Publishing
£70.00
£72.00 + £14.40 VAT
(ePub)
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Restitution of Overpaid Tax ISBN 9781849461733
Published April 2013
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£140.00
Restitution of Overpaid Tax (eBook) ISBN 9781782251224
Published April 2013
Hart Publishing
£126.00 + £25.20 VAT
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Informal Carers and Private Law ISBN 9781849462815
Published December 2012
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£80.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
Published December 2012
Hart Publishing
£72.00 + £14.40 VAT
(ePub)
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Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
Hart Publishing
£81.00 + £16.20 VAT
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Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
Hart Publishing
£90.00
Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
Published May 2012
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£75.00
£67.50 + £13.50 VAT
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Fault Lines in Equity (eBook) ISBN 9781847319449
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£81.00 + £16.20 VAT
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Fault Lines in Equity ISBN 9781849462198
Published May 2012
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£90.00