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Annex: State Liability and French Administrative Law

Carol Harlow.

in State Liability

July 2004; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 2810 words.

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Apparent Gifts

Robert Chambers.

in Resulting Trusts

May 1997; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 15650 words.

The presumptions of resulting trust and advancement are discussed in this chapter. The chapter is concerned with the conventional category of trusts which came about in favour of people who...

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The Appearance of the Concept of Obligations Erga Omnes on the Agenda: The Dictum of the International Court in the Barcelona Traction Case

MAURIZIO RAGAZZI.

in The Concept of International Obligations Erga Omnes

March 2000; p ublished online January 2010 .

Chapter. Subjects: Civil Law. 9619 words.

This introductory chapter examines the distinction between ratio decidendi and obiter dictum, as a starting point of his subsequent consideration of the background and aftermath of the...

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The Asbestos Litigation

Rob Merkin and Jenny Steele.

in Insurance and the Law of Obligations

August 2013; p ublished online September 2013 .

Chapter. Subjects: Civil Law. 11639 words.

Explores the role of insurance in asbestos litigation in respect of mesothelioma. Shows how and why the Trigger Litigation though ostensibly concerned with insurance cover required the...

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Ascribing and Limiting Fiduciary Obligations

Joshua Getzler.

in Philosophical Foundations of Fiduciary Law

August 2014; p ublished online October 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Civil Law. 14450 words.

It is now a common observation that fiduciary duties typically arise from consent, express or implied, and regularly operate to prohibit certain behaviours in order to improve standards of...

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Aspects of Damages and Costs

Dario Milo.

in Defamation and Freedom of Speech

February 2008; p ublished online January 2009 .

Chapter. Subjects: Civil Law. 18950 words.

This chapter discusses a number of issues relating to damages awards in defamation law, specifically, the presumption that the claimant has suffered damage to his reputation, the...

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Assessing the Causal Link

Duncan Fairgrieve.

in State Liability in Tort

March 2003; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 12347 words.

This chapter aims to clarify the attitude of the French and English courts toward state liability in tort with a comparative survey of prevailing tests of causation in each jurisdiction....

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At the Expense of the Claimant

Graham Virgo.

in The Principles of the Law of Restitution

August 2015; p ublished online September 2015 .

Chapter. Subjects: Civil Law; Company and Commercial Law. 9813 words.

In order to obtain restitution from the defendant on the ground of unjust enrichment, the claimant must also establish that this enrichment was obtained at the claimant’s expense. There...

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At the Expense of the Claimant

Peter Birks.

in Unjust Enrichment

January 2005; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 11921 words.

Unjust enrichment is a category with a core where all agree, and a periphery where reasonable people begin to differ. At a certain point all agree once more that an outer limit has been...

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At the Expense of the Claimant

Graham Virgo.

in The Principles of the Law of Restitution

June 2006; p ublished online January 2010 .

Chapter. Subjects: Civil Law. 5933 words.

Where the claimant wishes to obtain restitution from the defendant on the ground of unjust enrichment, it is not enough to show that the defendant has been enriched in circumstances which...

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