-- >From john@arrowhead-ranch.com Tue Apr 06 01:17:17 1999 Received: from ppp172-210.neta.com ([206.124.172.210] helo=kblquvh.OU812) by bagpuss.oucs.ox.ac.uk with smtp (Exim 2.02 #2) id 10UJYI-0004Ho-00; Tue, 6 Apr 1999 01:17:16 +0100 From: john@arrowhead-ranch.com Subject: Arizona Real Estate "SPECIAL OFFER" To: special offer mailing list@phase1 Reply-To: john@arrowhead-ranch.com Message-ID: Content-Type: text/plain; charset="iso-8859-1" Date: Mon, 05 Apr 1999 16:10:54 -0700 Greetings: I sell real estate in the Phoenix Metropolitan area. I am looking for individuals that maybe interested in, relocating to Arizona, selling Arizona properties, buying Arizona real estate, or participating in the IRS 1031 Tax Deferred Exchange Program, in Arizona. Arizona is at the peak of a rapid growth rate, and now is an exciting time to invest in the Valley of the Sun. Interest rates are low, and it's time to make your move. If you would like additional information, or a FREE PROPERTY ANALYSIS on a specific property profile, drop me an e-mail at: john@arrowhead-ranch.com or call 602-825-6746 property code 5000, or fax your request to 602-572-7543. P. S. Anyone taking advantage of this offer before 12/31/99 will receive a $1,000.00 credit to any closed escrow $70,000.00 or over, in which I represent you as your agent in the subject transaction. Some restrictions due apply. Offer expires 12/31/99. John P. Oliveira, ABR, CRS, GRI West USA Realty 16150 North Arrowhead Fountain Center Drive #100 Peoria, Arizona 85381 602-375-3300 >From lionel.smith@law.oxford.ac.uk Sun Apr 11 09:36:51 1999 Received: from oxmail2.ox.ac.uk ([163.1.2.1] helo=oxmail.ox.ac.uk) by bagpuss.oucs.ox.ac.uk with esmtp (Exim 2.02 #2) id 10WFjX-0006s3-00 for restitution@maillist.ox.ac.uk; Sun, 11 Apr 1999 09:36:51 +0100 Received: from sable.ox.ac.uk ([163.1.2.4]) by oxmail.ox.ac.uk with esmtp (Exim 2.10 #1) id 10WFhS-0004Vs-00 for restitution@maillist.ox.ac.uk; Sun, 11 Apr 1999 09:34:42 +0100 Received: from [163.1.157.172] (helo=[163.1.157.172]) by sable.ox.ac.uk with esmtp (Exim 2.12 #1) id 10WFhQ-0004Sh-00 for restitution@maillist.ox.ac.uk; Sun, 11 Apr 1999 09:34:41 +0100 X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Sun, 11 Apr 1999 09:33:23 +0000 To: restitution@maillist.ox.ac.uk From: Lionel Smith Subject: new articles In the new Modern Law Review (vol. 62 no. 2): S. Worthington, "Reconsidering Disgorgement for Wrongs" M. Halliwell, "Profits from Wrongdoing: Private and Public Law Perspectives" Lionel >From birks@ermine.ox.ac.uk Thu Apr 15 09:38:17 1999 Received: from oxmail1.ox.ac.uk ([129.67.1.1] helo=oxmail.ox.ac.uk) by bagpuss.oucs.ox.ac.uk with esmtp (Exim 2.02 #2) id 10Xhf7-0007wD-00 for restitution@maillist.ox.ac.uk; Thu, 15 Apr 1999 09:38:17 +0100 Received: from ermine.ox.ac.uk ([163.1.2.13]) by oxmail.ox.ac.uk with esmtp (Exim 2.10 #1) id 10Xhcz-0005MJ-00 for restitution@maillist.ox.ac.uk; Thu, 15 Apr 1999 09:36:05 +0100 Received: from platform.asc.ox.ac.uk ([163.1.128.124]) by ermine.ox.ac.uk with smtp (Exim 2.12 #1) id 10Xhcz-00050d-00 for restitution@maillist.ox.ac.uk; Thu, 15 Apr 1999 09:36:05 +0100 Message-Id: <1.5.4.32.19990415083441.00c9d204@ermine.ox.ac.uk> X-Sender: birks@ermine.ox.ac.uk X-Mailer: Windows Eudora Light Version 1.5.4 (32) Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Thu, 15 Apr 1999 09:34:41 +0100 To: restitution@maillist.ox.ac.uk From: Peter Birks Subject: (1999) 115 LQR 169-343 (April) In Lionel's absence in South Africa, I make myself newscaster de mon tort. The latest fascicule of the LQR is stuffed full of restitution:- John Finnis, 'The Fairy Tale's Moral' 170-175 (note on KB v Lincoln) -- cf S Hedley [1999] CLJ 21-24 KR Handley (Handley J - NSW), 'Tracing and the Rule in Clayton's Case' 186-7 Daniel Friedmann, 'Payment by Mistake - Tracing and Subrogation' 195-198 (note on Parc Battersea) Peter Watts, 'Restitution and Change of Position' 198-201 (note on Nat Bank of NZ v Waitaki in NZCA) Adrian Chandler, 'Manifest Disadvantage: Limits of Application' 213-216 (note on Dunbar v Nadeem) Stephen A Smith, 'Concurrent Liability in Contract and Unjust Enrichment: The Fundamental Breach Requirement' 245-264 Ross Grantham, 'Illegal Transactions and the Powers of Company Directors' 296-324, especially 309-324 BOOK REVIEWS AS Burrows on WR Cornish et al, edd, Restitution, Past, Present and Future: Essays in Honour of Gareth Jones (Hart, 1998) -- 325-328 E Peel on Burrows, Understanding the Law of Obligations (Hart, 1998) -- 335-343 (cf A Tettenborn in [1999] CLJ 243-244). Peter Birks Regius Professor of Civil Law University of Oxford Work 01865 279338 fax 279299 All Souls, Oxford, OX1 4 AL Home 01865 735625 Oak Trees, Sandy Lane, Boars Hill OX1 5HN >From lionel.smith@law.oxford.ac.uk Tue Apr 27 11:51:09 1999 Received: from oxmail2.ox.ac.uk ([163.1.2.1] helo=oxmail.ox.ac.uk) by bagpuss.oucs.ox.ac.uk with esmtp (Exim 2.02 #2) id 10c5SH-0003MF-00 for restitution@maillist.ox.ac.uk; Tue, 27 Apr 1999 11:51:09 +0100 Received: from sable.ox.ac.uk ([163.1.2.4]) by oxmail.ox.ac.uk with esmtp (Exim 2.10 #1) id 10c5Q1-0003eO-00 for restitution@maillist.ox.ac.uk; Tue, 27 Apr 1999 11:48:49 +0100 Received: from [163.1.157.172] (helo=[163.1.157.172]) by sable.ox.ac.uk with esmtp (Exim 2.12 #1) id 10c5Py-0000K8-00 for restitution@maillist.ox.ac.uk; Tue, 27 Apr 1999 11:48:48 +0100 X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Tue, 27 Apr 1999 11:47:34 +0000 To: restitution@maillist.ox.ac.uk From: Lionel Smith Subject: broadcast + plea Thanks to Peter Birks for broadcasting in my absence. Here is a new broadcast: March/April Conveyancer: David Wright, "The Rise of Non-Consensual Subrogation" [1999] Conv 113 M.P. Thompson, "Redefining O'Brien" (note on Royal Bank of Scotland v. Etridge (No 2)) [1999] Conv 126 March Cambridge Law Journal: Steve Hedley, "Restitution-Mistake of Law-Reform in Haste, Repent at Leisure" (note on KB v. Lincoln) [1999] CLJ 21 Stuart Bridge, "The Aftermath of O'Brien: Carte Blanche for Banks, Cartes Jaunes for Solicitors?" (note on Royal Bank of Scotland v. Etridge (No 2)) [1999] CLJ 28 Peter Schlectreim, Review, Markesinis, Lorenz & Dannemann, The German Law of Obligations, vol 1, Contracts and Restitution [1999] CLJ 236 Andrew Tettenborn, Review, Burrows, Understanding the Law of Obligations: Essays on Contract, Tort and Restitution [1999] CLJ 243 G.J. Tolhurst, Review, Rose ed., Restitution and Banking Law [1999] CLJ 246 Plea: I usually get the core English law journals across my desk. Others I do not see unless I go and find them. I hope that everyone on the list will take the initiative to post the appearance of articles which they see in other journals (or indeed in those). This way all of us can find out about developments in the literature which we might otherwise miss. If you have not seen it posted, you can be sure that there are many on the RDG who do not know about it and would like to. At last count we are 231. Lionel >From eusl07@srv0.law.ed.ac.uk Tue Apr 27 13:23:19 1999 Received: from haymarket.ed.ac.uk ([129.215.128.53]) by bagpuss.oucs.ox.ac.uk with esmtp (Exim 2.02 #2) id 10c6tT-0003oS-00 for restitution@maillist.ox.ac.uk; Tue, 27 Apr 1999 13:23:19 +0100 Received: from srv0.law.ed.ac.uk (srv0.law.ed.ac.uk [129.215.244.1]) by haymarket.ed.ac.uk (8.8.7/8.8.7) with ESMTP id NAA13819; Tue, 27 Apr 1999 13:21:00 +0100 (BST) Message-Id: <199904271221.NAA13819@haymarket.ed.ac.uk> Received: from LAW-SRV0/SpoolDir by srv0.law.ed.ac.uk (Mercury 1.43); 27 Apr 99 13:20:59 +0000 Received: from SpoolDir by LAW-SRV0 (Mercury 1.43); 27 Apr 99 13:20:57 +0000 From: "Hector MacQueen" To: restitution@maillist.ox.ac.uk, Lionel Smith Date: Tue, 27 Apr 1999 13:20:48 +0000 Subject: Re: RDG: broadcast + plea Priority: normal In-reply-to: X-mailer: Pegasus Mail for Win32 (v3.01b) Following Lionel's plea for non-English journals, may I just mention that the forthcoming May 1999 issue of Edinburgh Law Review (vol 3 no 2) will contain a critical analysis of Kleinwort Benson v Lincoln City Council by Jane Convery, entitled "Lord Goff's Swansong". The Scottish Law Commission has also published its Report on Error of Law and Ultra Vires Payments, taking account of the Kleinwort Benson case. This is referred to and briefly discussed in Jane's article. Previous issues of the ELR have included the following articles and notes of possible interest to restitution and obligations lawyers: James Gordley, "Contract and delict: towards a unified law of obligations", (1997) 1(3), 345-360 Martin Hogg, "Judicial attitudes toi unjustified enrichment: the conservative nature of Morgan Guaranty v Lothian Regional Council", (1997) 1(3), 381-385 George Gretton, "Constructive Trusts", (1997) 1(3) and (4), 281-316 and 408-419 (2 parts) Charles Harpum, "The Uses and Abuses of Constructive Trusts: the Experience of England and Wales", (1997) 1(4), 437-464 Peter Jaffey, "The restitutionary conditional transfer analysis and the death of contract", (1998) 2(1), 23-55 Laura Macgregor, "The House of Lords 'applies' O'Brien north of the border", (1998) 2(1), 90-93 Robin Evans-Jones and Phillip Hellwege, "Some observations on the taxonomy of unjustified enrichment in Scots law", (1998) 2(2), 180-217 Robert Leslie, "Unjustified enrichment in the conflict of laws", (1998) 2(2), 233-241 Martin Hogg, "Contract, agency and recompense: four recent enrichment cases", (1998) 2(3), 357-365 Reviews have included - John Cairns on Zimmermann Law of Obligations (1997) 1(2), 275 David Ibbetson on Evans-Jones (ed) Civil Law Tradition in Scotland, (1997) 1(2), 270-273 Bill McBryde on Stair Memorial Encyclopaedia vol 15 (Obligations), (1997) 1(3), 400-404 George Gretton on Zimmermann & Visser, Southern Cross (1997) 1(4) 501-506 Hector MacQueen on Burrows and McKendrick, Cases and Materials (1998) 2(1) 125 Hugh Collins on Rose (ed) Failure of Contracts (1998) 2(3), 368-372 Hector MacQueen Hector.MacQueen@ed.ac.uk Professor of Private Law University of Edinburgh Edinburgh EH8 9YL UK Tel (UK)-0131-650-2060/4633 Fax (UK)-0131-662-4902 Editor Edinburgh Law Review Director, The David Hume Institute >From lionel.smith@law.oxford.ac.uk Wed Apr 28 10:29:35 1999 Received: from oxmail4.ox.ac.uk ([163.1.2.33] helo=oxmail.ox.ac.uk) by bagpuss.oucs.ox.ac.uk with esmtp (Exim 2.02 #2) id 10cQet-0007HF-00 for restitution@maillist.ox.ac.uk; Wed, 28 Apr 1999 10:29:35 +0100 Received: from sable.ox.ac.uk ([163.1.2.4]) by oxmail.ox.ac.uk with esmtp (Exim 2.10 #1) id 10cQcd-0007cI-00 for restitution@maillist.ox.ac.uk; Wed, 28 Apr 1999 10:27:15 +0100 Received: from [163.1.157.172] (helo=[163.1.157.172]) by sable.ox.ac.uk with esmtp (Exim 2.12 #1) id 10cQcb-0003xD-00 for restitution@maillist.ox.ac.uk; Wed, 28 Apr 1999 10:27:14 +0100 X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Wed, 28 Apr 1999 10:26:00 +0000 To: restitution@maillist.ox.ac.uk From: Lionel Smith Subject: Lloyds Bank plc v. Independent Insurance Co Recently reported, Lloyds Bank plc v. Independent Insurance Co Ltd [1999] 2 WLR 986 (CA), mentioned by Charles Mitchell on the RDG in December. This is like Barclays Bank v. Simms except the bank's mistake was not as to a countermand but rather as to how much money was (cleared) in its customer's account. Held, following a dictum in Barclays, that the bank cannot recover against the payee because the payment discharged a debt owed by the bank's customer to the payee. The Restatement was cited by at least one judge. Lionel >From dkreltszheim@kpmg.com.au Wed Apr 28 11:23:26 1999 Received: from fep9.mail.ozemail.net ([203.2.192.103]) by bagpuss.oucs.ox.ac.uk with esmtp (Exim 2.02 #2) id 10cRUy-0007gE-00 for restitution@maillist.ox.ac.uk; Wed, 28 Apr 1999 11:23:25 +0100 Received: from mailhost1.kpmg.com.au (mail2.kpmg.com.au [203.102.220.130]) by fep9.mail.ozemail.net (8.9.0/8.6.12) with ESMTP id UAA11135 for ; Wed, 28 Apr 1999 20:20:59 +1000 (EST) Received: by mailhost1.kpmg.com.au; id UAA08409; Wed, 28 Apr 1999 20:20:59 +1000 (EST) Received: from unknown(172.17.142.56) by mailhost1.kpmg.com.au via smap (4.1) id xma008397; Wed, 28 Apr 99 20:20:47 +1000 Received: from ausydexc02.au.kpmg.com (unverified) by ausydexc02.au.kpmg.com (Content Technologies SMTPRS 2.0.15) with ESMTP id for ; Wed, 28 Apr 1999 20:09:04 +1000 Received: by AUSYDEXC02 with Internet Mail Service (5.5.2232.9) id ; Wed, 28 Apr 1999 20:09:04 +1000 Message-Id: From: "Kreltszheim, David A" To: "'restitution@maillist.ox.ac.uk'" Subject: Tracing - Australian Resources Date: Wed, 28 Apr 1999 20:24:57 +1000 MIME-Version: 1.0 X-Mailer: Internet Mail Service (5.5.2232.9) Content-Type: text/plain; charset="iso-8859-1" Also in response to Lionel's plea: Sutherland (In the Matter of Scutts) [1999] FCA 147 (Federal Court of Australia, Sackville J, 25 February 1999): Bankruptcy - creditors' claim in respect of bullion acquired on their behalf by bankrupt - no tracing possible - whether any class of creditors entitled to priority. Among other things, this discusses Space Investments and Gummow J's dissenting judgment in Stephenson Nominees. The full text of the case is available at (Risking the charge of immodesty): David Kreltszheim, "Tracing Electronic Cash: Fraud and the Electronic Transfer and Storage of Value" (1999) 27 Australian Business Law Review pp 112-141. This considers how the tracing rules may be applied where a fraud is perpetrated by using internet payment systems (such as the DigiCash system used in Australia by St George Bank) or by accessing the value stored in smartcards (such as Mondex). The current generation of internet "cash" payment systems are characterised as mechanisms for the transfer of bank money and, with the aid of some crucial assumptions, Mondex value is characterised as being analogous to chattel money. The differences between following chattel money and tracing bank money make these characterisations important. David Kreltszheim Senior Associate, KPMG Legal 161 Collins Street Melbourne Victoria Australia Fax: +61 3 9288 6287 Tel: +61 3 9288 6309 e-mail: dkreltszheim@kpmg.com.au "This email is intended only for the use of the individual or entity named above and may contain information that is confidential and privileged. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this email is strictly prohibited. When addressed to our clients, any opinions or advice contained in this email are subject to the terms and conditions expressed in the governing KPMG client engagement letter. If you have received this email in error, please notify us immediately by return email or telephone +61 2 9335 7000 and destroy the original message. Thank you."