From: Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA>
To: ENRICHMENT@LISTS.MCGILL.CA
Date: 29/11/2018 16:27:12 UTC
Subject: [RDG] The Impact of Equity and Restitution in Commerce

[Private Law Theory] Just published: The Impact of Equity and Restitution in Commerce (Devonshire and Havelock eds)

Congratulations to Peter Devonshire and Rohan Havelock on the publication by Hart of their edited collection, The Impact of Equity and Restitution in Commerce.

From the blurb: Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed.

Here is the TOC: rare is the book with two introductions!

 

1. Introduction: The Macro Level

Peter Devonshire and Rohan Havelock

 

2. Introduction: The Micro Level

Peter Devonshire and Rohan Havelock

 

3. The Commercial Triple Helix: Contract, Property and Unjust Enrichment

Sarah Worthington

 

4. Proprietary Claims to Recover Mistaken or Unauthorised Payments

Peter Jaffey

 

5. Restitution: A New Start?

Lionel Smith

 

6. Rivalry over Liability for Defective Transfers

Rohan Havelock

 

7. Equity and the Value of Certainty in Commercial Life

Matthew Harding

 

8. Expansion of the Fiduciary Paradigm into Commercial Relationships: The Australian Experience

Stephen Gageler

 

9. Deemed Performance in Account of Profits

Lusina Ho

 

10. Forfeiture of Agents' Remuneration

Peter Watts

 

11. Third-Party Liability of Recipients of Trust Property

David Hayton

 

12. Account of Profits for Accessory Liability: Still in the Thrall of Fiduciary Doctrine?

Peter Devonshire

 

Lionel