Search results for "beatson"
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Use and Abuse of Unjust Enrichment
The Law of Restitution is now firmly established as a distinct branch of the law of obligations. Yet for much of the past 25 years its status has been the subject of debate both in the courts and in academia and there are those who still regard it with suspicion. This is therefore an appropriate time to publish the collected essays of a scholar who has made a significant contribution to the study of restitution and who has established a distinctive position on manyof its most keenly disputed controversies. For this collection the author has chosen a number of previously published and influential papers which he has selectively revised and updated, together with a number of completely new papers which present his latest views on a range of issues central tothe law of restitution.
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New Directions in European Public Law
This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997. Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven.
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Anson's Law of Contract
An authoritative and detailed account of contract law, this widely renowned and well-respected textbook for students is also a trusted source of reference for practitioners and academics.Key Features- A classic of contract law, Anson's Law of Contract has been a seminal text for generations of contract law students, practitioners, and academics- Provides comprehensive, authoritative analysis of the principles of the subject, with clear exposition of the key considerations underlying contract interpretation, helping students to understand complex concepts- Written by three of the foremost experts in the field, collectively experienced in research, teaching, and practice, lending academic and scholarly weight to this text- Provides exceptional clarity with content broken down into manageable sections and headings to make the text approachable for students new to the subjectNew to this edition- New material has been added in every chapter, including references to 31 decisions of the Supreme Court, 14 decisions of the Privy Council, 49 decisions of the Court of Appeal, and over 30 decisions of the High Court. - Supreme Court cases include Triple Point Technology Inc v PTT Public Co Ltd [2021] (exemption clauses); National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive [2024] (rectification); One Savings Bank plc v Waller-Edwards [2025] (third-party misrepresentation and undue influence); Times Travel (UK) Ltd v Pakistan International Airlines Corp [2021] ('lawful act' duress); and Secretary of State for the Department of Environment, Food and Rural Affairs v Public and Commercial Services Union [2024] (the first decision of the Supreme Court on the Contracts (Rights of Third Parties) Act 1999), as well as three cases on illegality and restraint of trade. - Privy Council cases include Credit Suisse Life (Bermuda) Ltd v Ivanishvili [2025] (misrepresentation: inducement); Porter v Stokes [2023] (rectification); and Nature Resorts Ltd v First Citizens Bank Ltd [2022] (undue influence).- The most significant new legislative material in this edition constitutes reform of provisions of EU-derived law which were retained and assimilated into UK domestic law after withdrawal from the EU, in particular the Digital Markets, Competition and Consumers Act 2024, replacing (inter alia) the Consumer Protection from Unfair Trading Regulations 2008 (consumer rights of redress for misleading actions and aggressive practices). Digital formats and resourcesThis edition is available for students and institutions to purchase in a variety of formats.The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
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Key Ideas in Law: The Rule of Law and the Separation of Powers
Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy.Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times.The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government.Set against this backdrop, the book answers the following questions:- How accessible is the law and how does it avoid arbitrariness?- How is access to justice protected?- How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics?- How does our democracy enable majorities and protect minorities?
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Cases, Materials and Texts on Unjustified Enrichment
This is the third book in the 'Ius Commune Casebooks for the Common Law of Europe' series,developed for use throughout Europe and aimed at those who teach, learn or practice law with a comparative or European perspective. The book contains excerpts from legal commentaries, leading cases and legislation from the main legal traditions within Europe (English, French and German law), as well as the Netherlands, but also relying on the contribution of mixed legal systems such as those of Scotland and South Africa. Unjustified Enrichment concerns the law of restitution and contains a wide selection of extracts from the basic texts and commentaries. The materials are chosen and ordered so as to foster comparative study, prefaced by comparative introductions and complemented with annotations prepared by a multinational team. The whole Casebook is in English.
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