From: | Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA> |
To: | ENRICHMENT@LISTS.MCGILL.CA |
Date: | 09/06/2009 15:59:50 UTC |
Subject: | [RDG] New book on Change of Position |
Attachments: | bant on change of position.pdf |
Congratulations to RDG member Elise Bant on the appearance of her important
new book, The Change of Position Defence, from Hart Publishing.
From the web site at
(http://www.hartpub.co.uk/books/details.asp?isbn=9781841139654):
" It is a widely accepted view that the defence is a modern development, the
first express recognition of which can be traced in England to the seminal
decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd.
Commentators have accordingly tended to focus on post-Lipkin case law in
discussing the defence and its many disputed features.
This work takes a different stance, arguing that the defence is best
understood by placing it within its broader historical and legal context. It
explains that the foundations of the defence can be found in the related
doctrines of estoppel by representation, the agent's defence of payment over
and the law of rescission. The analysis applies crucial insights from those
areas, together with the change of position authorities and broader
considerations of policy and principle, to develop a rigorous model of the
change of position defence. "
The attached order form provides RDG members with a 20% discount on this
book.
Lionel
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