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Conventional thinking teaches that the absence of liability - in particular contractual invalidity - is itself the reason for the restitution of transfers in the South African law …
This book engages with some of Stephen A Smith’s most significant arguments, illustrating that he was a towering figure in the field of private law, with little of the field not …
Promises of indemnity are found in many kinds of commercial contracts, not just contracts of insurance. This book examines the nature and effect of contractual indemnities outside …
In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite …
This book explores the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. This doctrine is well-accepted in civil law, is …
The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of …
This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal …
This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the …
This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a …
This ambitious and expert study explores the role of policy in shaping private law, focusing on equity, tort law and property law. This collection, the second of a two-part study, …