The Fallacy of ‘Restitution for Wrongs’ | Mapping the LawEssays in
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What did Damnum Iniuria Actually Mean? | Mapping the
Abstract. This chapter reproduces some correspondence between the author and Peter as to the correct analysis of Jones v Jones.The second edition of Unjust Enrichment shows that Peter remained committed to his ‘unjust enrichment’ analysis of Jones v Jones.In his words, ‘The only satisfactory explanation is that [Mrs Jones] was unjustly enriched at [the trustee Read more...
Absence of Basis: The New Birksian Scheme | Mapping the
Abstract. The chapter focuses on gain-based damages for wrongs and their relation to compensation. It argues that ‘damages’ simply means a money award for a wrong; that recent cases have continued to recognize the distinction Peter drew in his book on the subject between restitutionary damages and disgorgement damages; but that a ‘rights Read more...
When I accepted Jack Beatson's kind invitation to ‘help’ with his conference on Good Faith and Fault in Contract Law I realized too late that he did not mean with the photocopying. But there, I first encountered Peter ‘On the Nature of Undue Influence’. 1 Looking back, I can only think that I was delirious from surviving my first conference paper and believed I Read more...
Bibliography Writer For Hire Au | Best Writing Service
Jan 1, 2009 · The late Professor Birks made an immense contribution to the study and development of the common law in devising his taxonomy, derived from the Roman classification of Justinian's Institutes. Read more...
Birks Essay In Law Mapping Memory Peter | Best Writing Service
Abstract. This chapter focuses on the so-called Eingriffskondiktion and begins by sketching the way that German scholars and courts developed various theories to identify cases in which restitution should and should not be granted, with the attribution theory eventually becoming predominant. It suggests that if English law moves in the direction advocated Read more...
Resulting Trusts | Mapping the Law: Essays in Memory of Peter Birks
Birks recently revisited the question of the differing degrees of invalidity of contracts. 1 One must tread carefully because the different species of contractual ineffectiveness do not necessarily entail identical consequences in the law of restitution. The textbooks proclaim that where a valid and subsisting contract makes provision (expressly or impliedly) for the Read more...
Good Critical Response Essay Example
The state of Scots enrichment law at the time of Birks's 1981 appointment to the Chair of Civil Law in Edinburgh is most readily gleaned from the five-page exposition in the relevant chapter of the eighth edition of the standard introductory text on private law, Gloag and Henderson, published in 1980 and entitled ‘Quasi-Contract’. 5 It dealt with obligations Read more...
The Further Travails of Duress | Mapping the LawEssays in Memory
I met Peter Birks in 1992, but felt his influence several years earlier when I first read An Introduction to the Law of Restitution. 1 I had never before encountered a book like it. Although I had received a good basic legal education, it was on a minor scale: an understanding of particular rules in particular contexts. Read more...
UNJUST ENRICHMENT AND THE ROLE OF LEGAL HISTORY IN ENGLAND AND AUSTRALIA
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Logic and Experience in Roman Law | Mapping the Law: Essays in Memory
Mapping the Law: Essays in Memory of Peter Birks Contents Contents End Matter The Publications Compiled by Eric Descheemaeker', in Andrew Burrows, and Alan Rodger (eds), Mapping the Law: Essays in Memory of Peter Birks (Oxford, 2006; online edn, Oxford Academic, Read more...
The Publications of Peter Birks 1969–2005
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Mapping the Law : Essays in Memory of Peter Birks
Abstract. This chapter presents the interpretation of the term damnum iniuria, the harm to property for which the lex Aquilia supplied a remedy.It argues that the expression is an asyndeton in which iniuria refers to unlawful harm. While the suggestion runs counter to the interpretation which Peter adopted in one of his essays, the theme may be appropriate Read more...
Undue Influence: Beyond Impaired Consent and Wrongdoing
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Table of Legislation | Mapping the Law: Essays in Memory of Peter Birks
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