| Description |
1 online resource (313 pages) |
| Series |
Hart Studies in Private Law Ser |
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Hart Studies in Private Law Ser
|
| Contents |
Intro; Preface; Table of Contents; Table of Cases; Table of Legislation; List of Contributors; 1. Introduction: The Macro Level; I. Overview; II. An Analytical Framework and the Scope of Proprietary Relief; III. Perceptions of Unjust Enrichment; IV. Equity and Commercial Certainty; V. Conclusion; 2. Introduction: The Micro Level; I. Overview; II. Fiduciary Law in Commerce; III. Third-party Liability; IV. Conclusion; 3. The Commercial Triple Helix: Contract, Property and Unjust Enrichment; I. Introduction; II. Terminology |
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III. Property Questions and Liability Questions: Location then LiabilityIV. The Interface between Property and Unjust Enrichment: Resulting Trusts and Proprietary Restitutionary Remedies; V. Consent and Intention in Private Law: When is a Claim in Unjust Enrichment Available?; VI. Liability Rules: Focus on the Parties or Focus on the Underlying Asset; VII. Conclusion; 4. Proprietary Claims to Recover Mistaken or Unauthorised Payments; I. Introduction; II. Explaining Tracing; III. The Common Law Claim for Restitution; IV. Conclusion; 5. Restitution: A New Start?; I. The Problem |
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II. The Way ForwardIII. Conclusion; 6. Rivalry over Liability for Defective Transfers; I. Introduction; II. Unjust Enrichment in Australia; III. The Turning of the Tide in Australia; IV. Unjust Enrichment in Australia: Dead or Alive?; V. The Australian Adherence to 'Equitable Principles'; VI. The Extent of the Rivalry; VII. Implications for Commerce; VIII. Conclusion; 7. Equity and the Value of Certainty in Commercial Life; I. Introduction; II. Equity's Imposition of Norms on Commercial Parties; III. Judicial Discretion in Equity; IV. Conclusion |
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8. Expansion of the Fiduciary Paradigm into Commercial Relationships: The Australian ExperienceI. Introduction; II. What, and So What?; III. Who, When and in What Respect?; IV. Concluding Reflections; 9. Deemed Performance in Account of Profits; I. Introduction; II. The Principle of Deemed Performance; III. Disgorgement of Gains; IV. Conclusion; 10. Forfeiture of Agents' Remuneration; I. Introduction; II. A First-Principles Approach to Forfeiture; III. Imageview Management v Jack; IV. The Twentieth-century Case Law; V. The Post-Imageview Case Law; VI. Conclusion |
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11. Third-Party Liability of Recipients of Trust PropertyI. Introduction; II. The Commercial Significance of Akers; III. Conclusion; 12. Account of Profits for Accessory Liability: Still in the Thrall of Fiduciary Doctrine?; I. Introduction; II. Secondary Liability; III. The Remedial Focus; IV. Gains Directly Attributable to Participation in a Breach of Fiduciary Duty; V. Gains Indirectly Attributable to Participation in a Breach of Fiduciary Duty; VI. Conclusion; Index |
| Notes |
Print version record |
| Subject |
Commercial law -- English-speaking countries -- Congresses
|
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Equity -- English-speaking countries -- Congresses
|
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Restitution -- English-speaking countries -- Congresses
|
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Commercial law
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Equity
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Restitution
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English-speaking countries
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| Genre/Form |
Conference papers and proceedings
|
| Form |
Electronic book
|
| Author |
Havelock, Rohan
|
| ISBN |
9781509915651 |
|
1509915656 |
|
