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The Difficulties with Conferring Rights on Shareholders to Litigate

Arad Reisberg

in Derivative Actions and Corporate Governance

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199204892
eISBN:
9780191709487
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199204892.003.0004
Subject:
Law, Company and Commercial Law

This chapter inquires into the particular difficulties minority shareholders face where they seek redress against wrongdoing directors. Section 3.2 discusses these problems and Section 3.3 outlines ... More


Unjust Enrichment

Peter Birks

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199276981
eISBN:
9780191699917
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276981.001.0001
Subject:
Law, Law of Obligations

This book gives a concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past and insists on the switch from restitution to ... More


Defences Against Performance-based Claims

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0004
Subject:
Law, Comparative Law, Law of Obligations

Section 817 BGB contains a troublesome provision which operates as a defence against a condictio ob turpem vel iniustam causam: if both claimant and defendant violated a statutory prohibition or ... More


Restitution Not Based on Performance

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0005
Subject:
Law, Comparative Law, Law of Obligations

This chapter discusses the second alternative of the general enrichment clause in § 812 para. 1 sent. 1 BGB, that being of ‘enrichment in another way at the expense of another’. This is a negative ... More


Unconscionable Enrichment?

Prince Saprai

in Philosophical Foundations of the Law of Unjust Enrichment

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199567751
eISBN:
9780191705267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199567751.003.0015
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter claims that unconscionability and its cognate exploitation offer a plausible account of the duty to make restitution particularly in the context of undue influence and unconscionable ... More


Speculative and Protracted Litigation

Tanis C. Thorne

in The World's Richest Indian: The Scandal over Jackson Barnett's Oil Fortune

Published in print:
2005
Published Online:
September 2007
ISBN:
9780195182989
eISBN:
9780199789030
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195182989.003.0013
Subject:
History, American History: 20th Century

The number of Oklahoma claimants to Jackson Barnett's wealth multiplied exponentially after his death. The Oklahoma papers identified the heirs from both sides of Jackson's family and printed photos ... More


Undue Influence: Beyond Impaired Consent and Wrongdoing towards a Relational Analysis

Mindy Chen-Wishart

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0012
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter represents the first stage in the development of a new theory of undue influence. It argues that any one-dimensional view of undue influence fails and that any credible theory of undue ... More


Preparation Phases For A Successful FET Based Claim

Ioana Tudor

in The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199235063
eISBN:
9780191715785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235063.003.0005
Subject:
Law, Public International Law

This chapter is directly aimed at arbitrators and to the Parties' counsels who have the duty to prepare memorials for their clients in an investment case. It contains the basic information that a ... More


The Principles of the Law of Restitution

Graham Virgo

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.001.0001
Subject:
Law, Law of Obligations

This book lays out the key principles underlying the law of restitution, a subject recognised by the House of Lords as a discrete body of law fifteen years ago. The law of restitution is concerned ... More


Different People, Different Services?

Judith Healy and Martin McKee

in Accessing Healthcare: Responding to diversity

Published in print:
2004
Published Online:
September 2009
ISBN:
9780198516187
eISBN:
9780191723681
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198516187.003.0001
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

The book draws upon the principles of equity and responsiveness. A country should concern itself with the health outcomes of diverse groups within its population for several reasons: legal rights, ... More


Establishing the Claims Process

HOWARD M. HOLTZMANN and EDDA KRISTJÁNSDÓTTIR

in International Mass Claims Processes: Legal and Practical Perspectives

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199207442
eISBN:
9780191708695
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207442.003.0001
Subject:
Law, Private International Law

This chapter discusses the establishment of the claims process. Topics covered include the types of constituting instrument(s) or procedures by which claims processes are created. It then discusses ... More


Starting the Claims Process

HOWARD M. HOLTZMANN and EDDA KRISTJÁNSDÓTTIR

in International Mass Claims Processes: Legal and Practical Perspectives

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199207442
eISBN:
9780191708695
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207442.003.0003
Subject:
Law, Private International Law

This chapter discusses the start of the claims process. Topics covered include how potential claimants are informed of the existence of the claims process, including the methods and extent of ... More


Incapacity

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/9780199298501.003.0013
Subject:
Law, Law of Obligations

Where the claimant lacks capacity to enter into a transaction this in itself should constitute a ground of restitution to enable him or her to recover any benefits transferred to the defendant ... More


General Principles

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/9780199298501.003.0015
Subject:
Law, Law of Obligations

This chapter examines restitutionary claims that are founded on the commission of a wrong by the defendant. Four types of wrongdoing may trigger the award of restitutionary remedies: tort, breach of ... More


Passing On and Mitigation of Loss

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/9780199298501.003.0025
Subject:
Law, Law of Obligations

Whereas the defences of estoppel, transfer by an agent to his or her principal, and change of position are assessed by reference to changes in the circumstances of the defendant, usually after he or ... More


Conclusion

Anver M. Emon

in Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199661633
eISBN:
9780191743399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661633.003.0009
Subject:
Law, Legal History, Comparative Law

The conclusion provides an overview of the argument of the book, and raises doubts about whether the hegemony of the law can ever be avoided. The conclusion suggests that at the intersection of law, ... More


At the Expense of the Claimant

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/9780199298501.003.0005
Subject:
Law, Law of Obligations

Where the claimant wishes to obtain restitution from the defendant on the ground of unjust enrichment, it is not enough to show that the defendant has been enriched in circumstances which fall within ... More


Principles Underlying the Recognition of the Grounds of Restitution

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/9780199298501.003.0006
Subject:
Law, Law of Obligations

Since a restitutionary claim founded on the reversal of the defendant's unjust enrichment will only succeed if the claimant establishes that the claim falls within one of the recognised grounds of ... More


External World Skepticism and the Structure of Epistemic Entitlement

Michael Williams

in The Possibility of Philosophical Understanding: Reflections on the Thought of Barry Stroud

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195381658
eISBN:
9780199918317
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195381658.003.0003
Subject:
Philosophy, General, History of Philosophy

The most important skeptical arguments divide into two families: Agrippan and Cartesian. Arguments in the first family centering on the threat of a vicious regress of justification. Those in the ... More


The Protection of Marketing Assets

MICHAEL SPENCE

in Intellectual Property

Published in print:
2007
Published Online:
March 2012
ISBN:
9780198765011
eISBN:
9780191695278
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765011.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter begins by discussing the expanding concepts of the brand and the change in the function of brands when the brand itself has become a product. It then explains the classic elements of the ... More


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