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The Irreducible Core of the Trust
Much ink has been spilt in attempts to describe the nature and structure of trusts in the common law tradition. However, far from developing a coherent and internally consistent …
Informal Carers and Private Law
Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many …
Economic Torts and Economic Wrongs
This book explores contemporary issues in respect of causes of action which operate to protect a plaintiff’s economic interests. It examines the question from across the spectrum …
Illegality after Patel v Mirza
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 …
Rationalising Constructive Trusts
Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and …
Comparative Law in Practice
This book provides a comparative study of contract law, examining the interaction of common law and civil law approaches to contract law. Drawing extensively upon English, French …
Restitution of Overpaid Tax
Since the decision of the House of Lords in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70, the law governing claims for restitution of overpaid …
Tort Law Defences
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 …
The Law of Misstatements
2013 was the 50th anniversary of the House of Lords’ landmark decision in Hedley Byrne v Heller. This international collection of essays brings together leading experts from five …
Apportionment in Private Law
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 …
Fault Lines in Equity
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 …
Private Law in the 21st Century
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 …