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Civil Law x clear all

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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At the Limits of Adjudication

Aditi Bagchi.

in Comparative Contract Law

December 2015; p ublished online January 2016 .

Chapter. Subjects: Comparative Law; Civil Law. 9311 words.

This chapter engages in a theoretical discourse to make the case for standard terms regulation in the US. It reviews a number of theses that have been advanced for not enforcing standard...

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Attribution

Robert Stevens.

in Torts and Rights

September 2007; p ublished online January 2009 .

Chapter. Subjects: Civil Law. 17558 words.

One obvious objection to a rights-based conception of the law of torts is the law of vicarious liability. According to the orthodox picture of the law, one party (an employer) who has...

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Availability of Specific Remedies in Chinese Contract Law

CHEN Lei.

in Studies in the Contract Laws of Asia I

February 2016; p ublished online April 2016 .

Chapter. Subjects: Civil Law; Comparative Law. 12000 words.

Chinese law adopts a middle-ground approach between the common law approach (damages is the dominant remedy) and the civil law approach (specific performance is the dominant remedy): both...

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Avoidance and Evasion

Peter Alldridge.

in Criminal Justice and Taxation

February 2017; p ublished online April 2017 .

Chapter. Subjects: Criminal Law; Civil Law. 7310 words.

The chapter examines the relationship between evasion and avoidance of tax, and the recent events which blur that distinction. The traditional distinction is that evasion is criminal and...

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BAILMENT

Norman Palmer.

in English Private Law

August 2013; p ublished online September 2013 .

Chapter. Subjects: Civil Law; Company and Commercial Law. 32046 words.

Bailment is a distinct legal relationship that exists whenever one person (the bailee) is voluntarily in possession of goods which belong to another (the bailor). The bailee gets a special...

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BANKING

Richard Hooley.

in English Private Law

August 2013; p ublished online September 2013 .

Chapter. Subjects: Civil Law; Company and Commercial Law. 28709 words.

This chapter begins with a discussion of the impact of the global financial crisis which lasted from 2007 to 2009, UK regulatory reform, and the banking and payment services conduct regime....

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Basis

Charlie Webb.

in Reason and Restitution

February 2016; p ublished online April 2016 .

Chapter. Subjects: Civil Law; Jurisprudence and Philosophy of Law. 9135 words.

No claim in unjust enrichment will lie where the claimant was under a legal obligation to confer that enrichment. Some have sought to extend this idea: no claim will lie wherever there is a...

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Beasts of Burden

Steven W. Bender.

in Mea Culpa

January 2015; p ublished online September 2016 .

Chapter. Subjects: Civil Law. 6299 words.

Chapter 4 details the abuses of U.S. farmworkers, who increasingly are undocumented Mexican immigrants. Farmworkers are dehumanized and invisible in the production of our food supply and...

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Beyond Illegality: Liability For Fault in English and French Law

Duncan Fairgrieve.

in State Liability in Tort

March 2003; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 40104 words.

This chapter is a comparative study on the significant aspects of English and French law with regard to fault-based liability. A discussion on the English law addresses the conditions of...

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Breach of Contract

Reinhard Zimmermann.

in The Law of Obligations

August 1996; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 27827 words.

This chapter deals primarily with breach of contract. Every contractual promise brings expectations to the promise. These expectations can be disappointed in various ways: the promisor may...

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