Impact of equity and restitution in commerce edited by Peter Devonshire and Rohan Havelock.

Includes index.

Introduction : the macro level / Peter Devonshire and Rohan Havelock -- Introduction : the micro level / Peter Devonshire and Rohan Havelock -- The commercial triple helix : contract, property and unjust enrichment / Sarah Worthington -- Proprietary claims to recover mistaken or unauthorised payments / Peter Jaffey -- Restitution : a new start? / Lionel Smith -- Doctrinal rivalry over liability for defective transfers / Rohan Havelock -- Equity and the value of certainty in commercial life / Matthew Harding -- Expansion of the fiduciary paradigm into commercial relationships : the Australian experience / Stephen Gageler -- Deemed performance in account of profits / Lusina Ho -- Forfeiture of agents? : remuneration / Peter Watts -- Third-party liability of recipients of trust property / David Hayton -- Account of profits for accessory liability : still in the thrall of fiduciary doctrine? / Peter Devonshire.

"Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, the remaining five chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution in the context of commerce. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake."--Bloomsbury Publishing.

Also issued in print.

Electronic reproduction. London : Bloomsbury Publishing, 2018. Available via World Wide Web. Access limited by licensing agreement. s2018 dcunns