-- Received: (qmail 9838 invoked from network); 12 Jun 1997 11:27:44 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 12 Jun 1997 11:27:44 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Thu, 12 Jun 1997 12:27:34 +0100 Received: from [192.76.27.45] (max39.public.ox.ac.uk [192.76.27.39]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id MAA24841 for ; Thu, 12 Jun 1997 12:27:29 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Thu, 12 Jun 1997 12:28:15 +0000 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: Chambers on Resulting Trusts Greetings to all, and welcome to new members. This is to announce the publication of Dr Robert Chambers' book, Resulting Trusts, by OUP (ISBN 0-19-876444-8). This extremely important work presents a unified theory of resulting trusts and integrates that theory with the law of unjust enrichment. Lionel Received: (qmail 20394 invoked from network); 15 Jun 1997 20:31:06 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 15 Jun 1997 20:31:06 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Sun, 15 Jun 1997 21:31:05 +0100 Received: from [192.76.27.19] (max19.public.ox.ac.uk [192.76.27.19]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id VAA05664 for ; Sun, 15 Jun 1997 21:31:00 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Sun, 15 Jun 1997 21:35:24 +0000 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: new case on pressure I am grateful to Prof. Peter Birks for drawing to my attention that the HL has just held that the principle in Barclays Bank v. O'Brien also applies in Scotland: Smith v. Bank of Scotland, at There is also an interesting contract case in which the HL held that BCCI was under an implied obligation to its employees not to run a corrupt and dishonest business; Addis v. Gramaphone Co Ltd read down: Malik v. BCCI, at Lionel Smith Received: (qmail 30761 invoked from network); 18 Jun 1997 08:05:09 -0000 Received: from dirc.bris.ac.uk (137.222.10.51) by jess.oucs.ox.ac.uk with SMTP; 18 Jun 1997 08:05:09 -0000 Received: from mail.bris.ac.uk by dirc.bris.ac.uk with SMTP (XT-PP) with ESMTP; Wed, 18 Jun 1997 09:05:04 +0100 Received: from Vaduz.law.bris.ac.uk (vaduz.law.bris.ac.uk [137.222.84.87]) by mail.bris.ac.uk (8.8.6/8.7.3) with SMTP id SAA03464; Tue, 17 Jun 1997 18:01:28 +0100 (BST) From: Laura Hoyano Reply-To: L.C.H.Hoyano@bristol.ac.uk To: restitution@maillist.ox.ac.uk cc: Restitution Maillist Subject: Re: restitution Failure of Consideration In-Reply-To: Message-ID: Date: Tue, 17 Jun 1997 18:58:13 +0100 (GMT Daylight Time) Priority: NORMAL X-Mailer: Simeon for Win32 Version 4.1 Build (3) X-Authentication: none MIME-Version: 1.0 Content-Type: TEXT/PLAIN; CHARSET=US-ASCII Dear Colin, A very belated reply to a most interesting message. Glad to see that the BCL exam ordeal has stimulated rather than crushed those "little grey cells", to quote a certain Belgian detective. I'm babbling I know--but am just staggering to the finish line of the most gruelling and difficult examination period of my short career as an academic (a bomb scare causing the evacuation of 340 law students writing trusts and property law exams being only one of many crises...) Very best wishes on the exams--I'm sure you will acquit yourself with aplomb! did Allan ever show Lisa his "BCL support team" T-shirt which he specially designed?? Yours, Laura -- Laura C.H.Hoyano l.c.h.hoyano@bris.ac.uk Department of Law University of Bristol Wills Memorial Building Queens Road, Bristol BS8 1RJ tel. 0117-928-8979 fax 0117-925-1870 Received: (qmail 30411 invoked from network); 25 Jun 1997 10:25:41 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 25 Jun 1997 10:25:41 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Wed, 25 Jun 1997 11:25:31 +0100 Received: from [192.76.27.32] (max32.public.ox.ac.uk [192.76.27.32]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id LAA14160 for ; Wed, 25 Jun 1997 11:25:26 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Wed, 25 Jun 1997 11:26:09 +0000 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: new tracing case Greetings all, Now available on LEXIS is Foskett v. McKeown (21 May 1997), in which the English Court of Appeal had to decide whether trust beneficiaries who could trace trust money into the payment of premiums for life insurance for the breaching trustee were able to claim a proportionate share of the proceeds when he died. It was held 2-1 that they could not, the court not noticing the US position where the weight of authority is the other way. Lionel Smith Received: (qmail 31816 invoked from network); 25 Jun 1997 11:17:22 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 25 Jun 1997 11:17:22 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Wed, 25 Jun 1997 12:17:08 +0100 Received: from [192.76.27.32] (max47.public.ox.ac.uk [192.76.27.47]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id MAA12933 for ; Wed, 25 Jun 1997 12:17:03 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Wed, 25 Jun 1997 12:17:45 +0000 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: admin Greetings again, I sometimes get error messages from the list server, to the effect that it is unable to deliver postings to an address. This puts me in a difficult position since I am usually unable to ask the person in question whether the problem is temporary (since obviously their address is undeliverable). Usually I ignore this for a while but if the address continues to be undeliverable I delete it from the list. If I did not I would be barraged by an ever-increasing number of error messages as time went on. >From members' point of view, what this means is that if your subscribed address becomes undeliverable, you may get unsubscribed by me. When you come back on line, you may not be aware that this has happened. You can either contact me, or send a "who" command to the server (not the posting address); ie, send who restitution to majordomo@maillist.ox.ac.uk If you are not a member you will be sent an error message, saying that only members are allowed to ask who is in the list. You can then rejoin by sending subscribe restitution to the same address. Thanks, Lionel Smith St. Hugh's College Oxford, U.K. OX2 6LE Tel (0)1865 274 966; Fax (0)1865 274 912 lionel.smith@law.ox.ac.uk http://users.ox.ac.uk/~lawf0014/lionel.html Received: (qmail 22633 invoked from network); 27 Jun 1997 10:04:57 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 27 Jun 1997 10:04:57 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Fri, 27 Jun 1997 11:04:35 +0100 Received: from [192.76.27.31] (max31.public.ox.ac.uk [192.76.27.31]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id LAA03118 for ; Fri, 27 Jun 1997 11:04:29 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Fri, 27 Jun 1997 11:05:11 +0000 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: new case on limitations Thanks to Robert Chambers of Melbourne University list members can now get a recent case from the Federal Court of Australia (21 Feb 1997) regarding limitation periods. An extract from the catchwords: LIMITATION OF ACTIONS - cause of action to recover moneys paid under a mistake of law - when cause of action first accrues - whether cause of action does not accrue until the High Court recognises a right to recover moneys paid under a mistake of law - relevance of the Court's law-making functions to accrual of a cause of action. To get a copy of Torrens Aloha Pty Ltd v Citibank NA, send an email to the list server ie majordomo@maillist.ox.ac.uk which says, in the body of the message, get restitution torrens.txt NB do not "reply" to this message or you will be sending to the posting address rather than the server address. Lionel