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Restitution for Equitable Wrongdoing

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.003.0018
Subject:
Law, Law of Obligations

Where the defendant has breached an equitable duty which he or she owed to the claimant, a restitutionary relief is available. The defendant can be deterred from exploiting the relationship by ... More


Beyond Illegality: Liability For Fault in English and French Law

Duncan Fairgrieve

in State Liability in Tort: A Comparative Law Study

Published in print:
2003
Published Online:
March 2012
ISBN:
9780199258055
eISBN:
9780191698507
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258055.003.0004
Subject:
Law, Law of Obligations

This chapter is a comparative study on the significant aspects of English and French law with regard to fault-based liability. A discussion on the English law addresses the conditions of breach of ... More


Restitution for Equitable Wrongdoing

Graham Virgo

in The Principles of the Law of Restitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780198726388
eISBN:
9780191793271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198726388.003.0019
Subject:
Law, Law of Obligations, Company and Commercial Law

This chapter begins by explaining the rationale behind the award of gain-based remedies for equitable wrongdoing and the types of remedy available for equitable wrongdoing, which are account of ... More


Duty of Care and Public Authority Liability

Elizabeth Anne Gumbel

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0008
Subject:
Law, Legal History

This chapter deals with Lord Bingham's important contribution to altering the boundaries that limit claims for breach of duty by public authorities by analyzing a selection of his judgments. Lord ... More


Some Thoughts on the Nature of Liability for Negligence in Scots Law

Joe Thomson

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0039
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter considers the nature of liability to make reparation for losses caused by negligence. It focuses on the situation where losses have arisen as a result of personal injury or physical ... More


April 2003: Wrongful Adoption

Kenneth McK Norrie

in Professor Norrie's Commentaries on Family Law

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861193
eISBN:
9781474406246
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861193.003.0017
Subject:
Law, Family Law

Discusses the remedies available to families who have sought to adopt a child but the child's difficulties mean the family is more burdened than they had anticipated. The English case of A v Essex ... More


Law, Growth, and Reform in Korea: The SK Episode

in Law and Capitalism: What Corporate Crises Reveal about Legal Systems and Economic Development around the World

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226525273
eISBN:
9780226525297
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226525297.003.0007
Subject:
Law, Company and Commercial Law

Korea is one of the great economic success stories of the twentieth century. Yet its experience with law hardly fits the rule-of-law ideal promoted in the literature. This chapter examines the recent ... More


April 2001: Tales from Abroad

Kenneth McK Norrie

in Professor Norrie's Commentaries on Family Law

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861193
eISBN:
9781474406246
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861193.003.0009
Subject:
Law, Family Law

Two matters are discussed, a case from South Africa and a report from Australia. In Jooste v Botha 2000 (2) SA 199 a claim for damages lack of parental love was rejected and the constitutional point ... More


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