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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, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. 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.
Peter Devonshire is Professor of Law and Rohan Havelock is Senior Lecturer in Law both at the University of Auckland.
1. Introduction: The Macro Level Peter Devonshire and Rohan Havelock2. Introduction: The Micro Level Peter Devonshire and Rohan Havelock3. The Commercial Triple Helix: Contract, Property and Unjust Enrichment Sarah Worthington4. Proprietary Claims to Recover Mistaken or Unauthorised Payments Peter Jaffey5. Restitution: A New Start?Lionel Smith6. Rivalry over Liability for Defective Transfers Rohan Havelock7. Equity and the Value of Certainty in Commercial Life Matthew Harding8. Expansion of the Fiduciary Paradigm into Commercial Relationships: The Australian Experience Stephen Gageler9. Deemed Performance in Account of Profits Lusina Ho10. Forfeiture of Agents’ Remuneration Peter Watts11. Third-Party Liability of Recipients of Trust Property David Hayton12. Account of Profits for Accessory Liability: Still in the Thrall of Fiduciary Doctrine? Peter Devonshire
There is much here for many readers. Electronic copies of the publisher’s edited collections are now easily obtained. Serious law libraries will want such a version of this book.
