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Landmark Cases in the Law of Restitution (2006) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English unjust enrichment law and restitution. Content [ edit ]
The law responds to each of them by imposing an obligation to pay compensatory damages. Restitution for wrongs is the subject which deals with the issue of when exactly the law also responds by imposing an obligation to make restitution. Example. In Attorney General v Blake, [25] an English court found itself faced with the following claim. The ...
The framework is treated as conclusive of liability, producing a clear answer to whether a defendant is obliged to give restitution of a benefit acquired at another's expense. On the other hand, some have suggested that the framework has too much of a 'broad-brush or legislative flavour'. [ 20 ]
The English law of Restitution is the law of gain-based recovery. [1] Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. [ 2 ] Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a gain acquired by another, rather than ...
The following is an excerpt about the change of position defence at work. The Change Of Position Issue. 76 As Mr Howe correctly observed in the course of argument, “change of position” is what this case is really all about. 77 In Lipkin Gorman (above) the House of Lords recognised change of position as a defence to restitutionary claims. In ...
Disgorgement is the act of giving up something on demand or by legal compulsion, for example giving up profits that were obtained illegally. [1]In United States regulatory law, disgorgement is often a civil remedy imposed by some regulatory agencies to seize illegally obtained profits.
From January 2008 to December 2012, if you bought shares in companies when Jacquelyn Ward joined the board, and sold them when he left, you would have a -15.9 percent return on your investment, compared to a -2.8 percent return from the S&P 500.
Case opinions Mummery LJ Bank of Ireland v Hollicourt (Contracts) Ltd [2000] EWCA Civ 263 is a UK insolvency law case concerning whether a bank should pay restitution for moneys paid out of its account after a moratorium under the Insolvency Act 1986 section 127.