Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This collection examines critically, and with an eye to reform, conceptions and conditions of corporate blameworthiness in law. It draws on legal, moral, regulatory and psychological theory, as well as historical and comparative perspectives. These insights are applied across the spheres of civil, criminal, and international law. The collection also has a deliberate focus on the 'nuts and bolts' of the law: the legal, equitable and statutory principles and rules that operate to establish corporate states of mind, on which responsibility as a matter of daily legal practice commonly depends.The collection therefore engages strongly with scholarly debates. The book also speaks, clearly and cogently, to the judges, regulators, legislators, law reform commissioners, barristers and practitioners who administer and, through their respective roles, incrementally influence the development of the law at the coalface of legal practice.

Common law. --- Australia. --- Anglo-American law --- Law, Anglo-American --- Customary law --- Ahitereiria --- Aostralia --- Ástralía --- ʻAukekulelia --- Austraalia --- Austraalia Ühendus --- Australian Government --- Australie --- Australien --- Australiese Gemenebes --- Aŭstralii︠a︡ --- Australija --- Austrālijas Savienība --- Australijos Sandrauga --- Aŭstralio --- Australské společenství --- Ausztrál Államszövetség --- Ausztrália --- Avstralii︠a︡ --- Avstraliĭski sŭi︠u︡z --- Avstraliĭskiĭ Soi︠u︡z --- Avstraliĭskii︠a︡t sŭi︠u︡z --- Avstralija --- Awstralia --- Awstralja --- Awstralya --- Aystralia --- Commonwealth of Australia --- Cymanwlad Awstralia --- Državna zaednica Avstralija --- Government of Australia --- Ḳehiliyat Osṭralyah --- Koinopoliteia tēs Aystralias --- Komanwel Australia --- Komonveltot na Avstralija --- Komonwelt sa Awstralya --- Komunaĵo de Aŭstralio --- Komunejo de Aŭstralio --- Kūmunwālth al-Usturālī --- Mancomunidad de Australia --- Mancomunitat d'Austràlia --- Negara Persemakmuran Australia --- New Holland --- Nova Hollandia --- Osṭralyah --- Ōsutoraria --- Persemakmuran Australia --- Samveldið Ástralía --- Usṭralyah --- Usturāliyā --- Whakaminenga o Ahitereiria --- Κοινοπολιτεία της Αυστραλίας --- Αυστραλία --- Аўстралія --- Австралия --- Австралија --- Австралийски съюз --- Австралийският съюз --- Австралийский Союз --- Комонвелтот на Австралија --- Државна заедница Австралија --- אוסטרליה --- קהיליית אוסטרליה --- أستراليا --- كومنولث الأسترالي --- オーストラリア --- Business ethics. --- Corporate law. --- Law reform. --- Common law --- Company, commercial & competition law --- Criminal law & procedure --- Limited liability --- Tort liability of corporations --- Criminal liability of juristic persons --- Corporations --- Criminal intent --- Decision making.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'

Unjust enrichment. --- Restitution. --- Estoppel. --- Mistake (Law)

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

"This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law."--Back cover.

Unjust enrichment --- Restitution

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

"Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking"--

Exemplary damages --- Punishment --- Dommage moral --- Peines --- Philosophy. --- Philosophie. --- Philosophy --- Damages --- Dommages-intérêts --- Damages, Exemplary --- Punitive damages --- Retributive damages --- Smart money --- Vindictive damages --- Law and legislation --- 347.53 --- 343.2 --- 343.2 Algemeen strafrecht --- Algemeen strafrecht --- 347.53 Onrechtmatige daad--(burgerlijke aansprakelijkheid) --- Onrechtmatige daad--(burgerlijke aansprakelijkheid) --- Dommages-intérêts