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This text examines the true nature of the resulting trust and the question of whether the trusts brought into being to reverse unjust enrichment should not include resulting trusts. In doing so it examines all recent doctrine, a mass of case law and the views of courts in a number of jurisdictions.
The author seeks to redefine the boundary between constitutional law and administrative law, and to show that a real understanding of their role and significance requires an examination of the political theory of the society in which the law operates.
Presents an account of the law of unjust enrichment. This book organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences?
This is a philosophical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality, religion, etiquette, games, language and family governance.
What makes an argument in a law case good or bad? This book examines this and other questions central to the study of jurisprudence. Care has been taken to make the legal elements of the book readily accessible to non-lawyers, and the philosophical elements to non-philosophers.
Sarah Worthington: Equity provides a complete re-working of the material traditionally described as equity. It provides a comprehensive examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment.
This book provides both an introduction to the main categories and sources of family law, and a context enabling the student to see linkages between different aspects of the subject and its relationship with other areas the law, and with other disciplines.
This book deals with conscientious law-breaking - those instances in which individuals believe that they have sound moral reasons for breaking a particular law. This study is a comprehensive philosophical and legal analysis of the grey area in which the foundations of law and morality clash. It views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether ornot to obey the penal code; and that of the people who make and uphold laws and must decide whether to treat someone with a moral claim to disobey differently from ordinary lawbreakers.
An Introduction to Tort Law offers a clear exposition of the rapidly developing law of tort in Britain. For those coming new to the subject it provides a succinct and thoughtful overview pulling the themes together, illustrating important distinctions, and provoking reflection on what is being learnt.
An examination of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, this book aims to help readers understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract.
This edition provides an account of the basic principles of the law of property sketching out the main patterns of the subject without giving undue prominence to the exceptions and historical inconsistencies. It cites few statutes and no cases, concentrating on the underlying themes of the subject.
Presenting a basic guide to current doctrine of precedent in England, this book discusses such topics as "ratio decidendi", the role of precedents in legal reasoning and their significance as a source of law. This edition takes into account recent developments and the impact of EC law.
Public Law provides an introduction to the themes and problems of constitutional and administrative law - core subjects in any law degree. Written in the tradition of the Clarendon Law Series, Public Law offers concise and stimulating arguments, and is intended to encourage students to reflect critically on the law.
Provides readers with an introduction to the theories, policies, and ideas that underlie the law, identifying an equal emphasis on the law and critical analysis. This sixth edition places the law of contract in a modern context and accounts for developments in the law, as well as those in academic thinking and writing.
Provides an outline of, and intervention in, contemporary jurisprudential debates about the nature and foundation of liability in private law. This book outlines the realm of the philosophy of private law, and examines the components of liability responsibility. It aims to give students a grasp of both the limits and possibilities of this law.
This book sketches the history of Roman private law from the Twelve Tables to modern times, and sets out the elements of the system. It does not attempt to summarize the whole law, but explains and evaluates its most characteristic and influential features.
Presents an introduction to the general principles of constitutional law in the UK. This book looks at the UK constitution from a critical, comparative perspective, contrasting it with the constitutions of the United States, France, Germany, and the European Union. It is useful for students studying the subject as part of a law or politics degree.
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