The book is … relevant to many specialist as well as generalist audiences, and deserves to find them all.
- Hector MacQueen, University of Edinburgh, Edinburgh Law Review
In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as ‘revolutionary’ by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed.
The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance.
This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the ‘go to’ work on this subject, for legal practitioners and for scholars.
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1. Introduction
Alan Bogg and Sarah Green
Part I: General Perspectives on Illegality
2. A New Dawn for the Law of Illegality
Andrew Burrows
3. The Law of Illegality: Identifying the Issues
James Goudkamp
4. Restitution or Confiscation/Forfeiture? Private Rights versus Public Values
Robert Sullivan
5. Not a Principle of Justice?
Nicholas J McBride
6. Illegality as a Rationing Rule
Frederick Wilmot-Smith
7. Illegality, Familiarity and the Law Commission
James Lee
Part II: Specific Perspectives on Illegality
8. Illegality and Contractual Enforcement after Patel v Mirza
Janet O’Sullivan
9. Illegality and Zero Sum Torts
Sarah Green
10. Illegality and Unjust Enrichment
Graham Virgo
11. Ramifications of Patel v Mirza in the Law of Trusts
Paul S Davies
12. Illegality in Labour Law after Patel v Mirza: Retrenchment and Restraint
Alan Bogg
Part III: Comparative Perspectives on Illegality
13. Whither Now Illegality and Statute: An Australian Perspective
The Hon William Gummow AC
14. Illegality and Canadian Private Law: Hall v Hebert’s Legacy
Mitchell McInnes
15. The Impact of Illegality and Immorality on Contract and Restitution from a Civilian Angle
Birke Häcker
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The book is … relevant to many specialist as well as generalist audiences, and deserves to find them all.
High-level analysis of the impact of the landmark illegality case Patel v Mirza and its implications across private law including unjust enrichment, tort, contract, trusts and land and employment. Other chapters address the normative and conceptual implications of the case, and others address its comparative significance.
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High-level analysis of the impact of the landmark illegality case Patel v Mirza and its implications across private law including unjust enrichment, tort, contract, trusts and land and employment.
Unrivalled scholarship examining the fundamental doctrines and principles of private law.
This monograph series brings together in one place two types of book: works which examine in-depth the fundamental doctrines and principles of private law, and works which engage with the theoretical underpinnings of private law. The series thus aims to contribute to ever-evolving debates about the nature of private law such as problems of classification and taxonomy, remedies, the relationship with public law and the boundaries of private law generally.
The series includes, but is not confined to, works on contract, tort, unjust enrichment, equity, property and the conflict of laws, welcoming work which intersects with other fields of study to enable a deeper understanding of private law theory and practice.
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Produktdetaljer
ISBN
9781509912773
Publisert
2018-06-14
Utgiver
Vendor
Hart Publishing
Vekt
748 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
408