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Restitution In English Law
The English law of Restitution is the law of gain-based recovery. Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. 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 compensation for a ''loss''. Framework Many academic commentators have sought to impose structure upon the law of restitution by searching for a common rationale and constructing taxonomies of the various types of claim. Whether such frameworks can account for the diverse range of restitutionary claims remains a controversial question. The implications of such frameworks for the relationship between law and Equity has often been a significant flashpoint in academic and judicial debate. As the law currently stands, the law of restitution can be usefully divided into (at least) three broad categories: * Restitution for unjust enrichment * Restitution for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Goff & Jones
''Goff and Jones on the Law of Unjust Enrichment'' (formerly ''Goff and Jones on the Law of Restitution'', usually simply abbreviated to ''Goff & Jones'') is the leading authoritative English law textbook on restitution and unjust enrichment. First written by Robert Goff and Gareth Jones, it is presently in its tenth edition. It is published by Sweet & Maxwell and forms part of the Common Law Library. As a textbook it is somewhat remarkable in that although the first edition was published in 1966, it was not until 1991 (25 years later) that the House of Lords formally recognised unjust enrichment as a separate branch of jurisprudence. It is notable that a number of the key decisions in the field have been handed down by Lord Goff, and often reflect the analysis which has previously expressed academically in ''Goff & Jones''. For example, Goff's judgment in '' Barclays Bank Ltd v W J Simms, Son and Cooke (Southern) Ltd'' 9801 QB 677 was described as "the ''Donoghue v Steven ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bracewell V Appleby
Bracewell may refer to: People * Brendon Bracewell (born 1959), New Zealand cricketer, brother of John and Douglas * Doug Bracewell (born 1990), New Zealand cricketer, son of Brendon * Douglas Bracewell (born 1953), New Zealand cricketer, brother of John and Brendon * John Bracewell (born 1958), New Zealand cricketer and coach, brother of Brendon and Douglas * Joyanne Bracewell (born 1934), British High Court judge * Mark Bracewell (born 1955), New Zealand cricketer, father of Michael * Melanie Bracewell (born 1995), New Zealand comedian * Michael Bracewell (cricketer) (born 1991), New Zealand cricketer, son of Mark * Michael Bracewell (writer) (born 1958), British writer and novelist * Nina Bracewell-Smith (born 1955), born Nina Kakkar, Indian-British non-executive director of Arsenal F.C. * Paul Bracewell (born 1962), England international footballer * Richard Bracewell (born 1969), English film director * Ronald N. Bracewell (1921–2007), Australian professor of electrica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
World Wide Fund For Nature V World Wrestling Federation Entertainment Inc
In its most general sense, the term "world" refers to the totality of entities, to the whole of reality or to everything that is. The nature of the world has been conceptualized differently in different fields. Some conceptions see the world as unique while others talk of a "plurality of worlds". Some treat the world as one simple object while others analyze the world as a complex made up of many parts. In ''scientific cosmology'' the world or universe is commonly defined as " e totality of all space and time; all that is, has been, and will be". '' Theories of modality'', on the other hand, talk of possible worlds as complete and consistent ways how things could have been. ''Phenomenology'', starting from the horizon of co-given objects present in the periphery of every experience, defines the world as the biggest horizon or the "horizon of all horizons". In ''philosophy of mind'', the world is commonly contrasted with the mind as that which is represented by the mind. ''Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Experience Hendrix LLC V PPX Enterprises Inc
''Experience Hendrix LLC v PPX Enterprises Inc'' 003EWCA Civ 323is an English contract law case, concerning the availability of restitution damages for breach of contract. Facts Experience Hendrix LLC was the successor in title to Jimi Hendrix's estate. PPX Enterprises Inc, PPX Enterprises were his music publishers and were suing him before he died. Three years after, they settled (1973). The agreement was that PPX were entitled to masters of some of his recordings, in Sch A of the agreement, provided PPX paid royalties to Experience Hendrix. In breach of the agreement, PPX granted licences to masters not in Sch A. Experience Hendrix sued for the breach. Judgment Court of Appeal said it would be unjust if PPX could breach the settlement and avoid paying royalties, which they would have had to pay if the songs were on Sch A. But the case was not exceptional enough to allow an account for all profits. Mance LJ said they should pay ‘a reasonable sum’ for using the material. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney General V Blake
is a leading English contract law case on damages for breach of contract. It established that in some circumstances, where ordinary remedies are inadequate, restitutionary damages may be awarded. Facts George Blake was a member of the Secret Intelligence Service. He signed a Official Secrets Act 1911 declaration in his employment contract not to disclose information about his work, even after his employment ceased. In 1951, he became a Soviet agent. He was discovered in 1961 and the British government imprisoned him in Wormwood Scrubs (HM Prison). He escaped in 1966 and fled to the Soviet Union. He wrote a book about it and his secret services work called ''No Other Choice''. He received a publishing contract for its release in 1989, with Jonathan Cape Ltd. The information in the book was no longer confidential. Blake received advanced payments and was entitled to more. The Crown brought an action for all the profits he made on the book including those that he had not yet recei ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wrotham Park Estate Co Ltd V Parkside Homes Ltd
''Wrotham Park Estate Co Ltd v Parkside Homes Ltd'' 9741 WLR 798 () is an English land law and English contract law case, concerning the measure and availability of damages for breach of negative covenant in circumstances where the court has confirmed a covenant is legally enforceable and refused as it may find, as unconscionable, to issue an order for specific performance or an injunction. Such a remedy, which had precedent before the judgment, has since become firmly known as ''Wrotham Park'' damages, which are awarded (in lieu of specific performance or an injunction) under the jurisdiction created (powers vested in the court) by s. 2 of the Chancery Amendment Act 1858 (also known as Lord Cairns' Act). Such damages centre on the ''hypothetical negotiated value'' for a release of the covenant and which so in turn may look to a share of the profits from the business venture enabled by the breach; the court decided 5% of profits should be made payable. Facts Wrotham Park is an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Draft Bill
A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature as well as, in most cases, approved by the Executive (government), executive. Once a bill has been enacted into law, it is called an ''Act of Parliament, act of the legislature'', or a ''statute''. Bills are introduced in the legislature and are discussed, debated and voted upon. Usage The word ''bill'' is primarily used in Anglophone United Kingdom and United States, the parts of a bill are known as ''clauses'', until it has become an act of parliament, from which time the parts of the law are known as ''sections''. In Napoleonic law nations (including France, Belgium, Luxembourg, Spain and Portugal), a proposed law may be known as a "law project" (Fr. ''projet de loi''), which is a government-introduced bill, or a "law proposition" (Fr. ''proposition de loi''), a private member's bill. For example the Netherlands, Dutch parliamentary system doe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halifax Building Society V Thomas
Halifax commonly refers to: *Halifax, Nova Scotia, Canada * Halifax, West Yorkshire, England *Halifax (bank), a British bank Halifax may also refer to: Places Australia *Halifax, Queensland, a coastal town in the Shire of Hinchinbrook * Halifax Bay, a bay south of the town of Halifax Canada Nova Scotia *Halifax, Nova Scotia, the capital city of the province ** Downtown Halifax **Halifax Peninsula, part of the core of the municipality **Mainland Halifax, a region of the municipality *Halifax (electoral district), a federal electoral district *Halifax (provincial electoral district), a provincial electoral district **Halifax County, Nova Scotia, the county dissolved into the regional municipality in 1996 *Halifax Harbour, a saltwater harbour *Halifax West, a federal electoral district since 1979 Prince Edward Island *Halifax Parish, Prince Edward Island British Columbia * Halifax Range, a mountain range United Kingdom * Halifax, West Yorkshire, England **Halifax (UK Parliament ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Copyright, Designs And Patents Act 1988
The Copyright, Designs and Patents Act 1988c 48, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law (including performing rights) in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents. Essentially, the 1988 Act and amendment establishes that copyright in most works lasts until 70 years after the death of the creator if known, otherwise 70 years after the work was created or published (50 years for computer-generated works). In order for a creation to be protected by copyright it must fall within one of the following categories of work: literary work, dramatic work, musical work, artistic work, films, sound recordings, broadcasts, and typograph ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patents Act 1977
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
