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The Impact of Equity and Restitution in Commerce

The Impact of Equity and Restitution in Commerce

Author: Peter Devonshire; Rohan Havelock
Publisher: Hart Publishing
ISBN: 9781509944934
Published In: February 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.
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