Illegality after Patel v Mirza

ISBN-13: 9781509912773 / Angielski / Twarda / 2018 / 408 str.

Sarah Green; Alan Bogg

Opis

"These essays on the Supreme Court's decision in Patel v Mirza (2016), which has revolutionised the law on illegality by replacing the previous "rule-based" approach by a "factors-based" one, were first presented at a conference in May 2017."

Spis treści

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