The Impact of Equity and Restitution in Commerce

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Professor Peter Devonshire (University of Auckland) Rohan Havelock (University of Auckland)

The Impact of Equity and Restitution in Commerce

Professor Peter Devonshire (University of Auckland), Rohan Havelock (University of Auckland)

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English

Hart Publishing
25 February 2021

Law; Comparative law; Company, commercial & competition law; Commercial law; Equity & trusts

Series: Hart Studies in Private Law

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.

This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

Edited by: Professor Peter Devonshire (University of Auckland), Rohan Havelock (University of Auckland)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 440g
ISBN: 9781509944934
ISBN 10: 1509944931
Series: Hart Studies in Private Law
Pages: 312
Publication Date: 25 February 2021
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

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

Peter Devonshire is Professor of Law and Rohan Havelock is Senior Lecturer in Law both at the University of Auckland.

Reviews for The Impact of Equity and Restitution in Commerce

There is much here for many readers. Electronic copies of the publisher's edited collections are now easily obtained. Serious law libraries will want such a version of this book. -- Mat Campbell * Edinburgh Law Review *