The Impact of Equity and Restitution in Commerce

Professor Peter Devonshire, Mr Rohan Havelock

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English

Hart Publishing
15 November 2018

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, Mr Rohan Havelock
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 617g
ISBN: 9781509915644
ISBN 10: 1509915648
Series: Hart Studies in Private Law
Pages: 312
Publication Date: 15 November 2018
Audience: Professional and scholarly , Professional and scholarly , Undergraduate , Undergraduate
Format: Hardback
Publisher's Status: Active

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 *