The Impact of Equity and Restitution in Commerce

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.