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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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The Law of Restitution in Scotland 1st Supplement

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ISBN13: 9780414011182
ISBN: 041401118X
Published: January 1996
Publisher: W. Green
Country of Publication: UK
Format: Paperback
Price: £99.00



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The neglect of restitution in the Scottish legal canon has greatly disadvantaged practitioners in the jurisdiction - very few will therefore be able to ignore this book. It will also be an invaluable reference for English lawyers. W. J. Stewart has untangled the law and set it out in its full theoretical and principled structure, covering all the relevant case law along the way. This text makes an attempt to apply Professor Birks' analysis to Scots law identifying questions of enrichment and cases supporting ""unjust factors"". Such an analysis has now been applied in the first Division in Shilliday V. Smith. This title is supplied with a supplement published in 1995.

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Subjects:
Scots Law
Contents:
sThe book covers: - Roman basis of the law - Enrichment in Scots law - The unjust concept - Personal claims and property claims - Recompense - Negotiorum gestio - Restitutionary obligations - Prescription - Jurisdiction - Conflict of lawssThe supplement covers: - The dramatic changes to the law effected by the five judge decision: Morgan Guaranty Trust Company of New York v. Lothian Regional Council - The Inner House decisions: Connolly v. Simpson and Zemhurst (Holdings) v. Control Securities - Scottish Law Commission paper: points considered - Reported and unreported cases noted and discussed - Updated bibliography.