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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Swaps, Restitution and Trusts

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ISBN13: 9780421656505
ISBN: 0421656506
Published: March 1999
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

This book examines the conflicts between the attitudes of traditional trust lawyers and the proponents of the emerging principle of restitution of unjust enrichment. In particular it considers recent developments in these areas and their ramifications for commercial and financial contracts. Swaps, Restitution and Trusts analyses the case of Westdeutsche v. Islington LBC and its ramifications on the swaps markets. The book advances the thesis that claims in relation to restitution of money, arising in relation to financial transactions, ought to be founded on a notion of suitability. * Includes an in-depth analysis of Westdeutsche v. Islington LBC and the local authority swaps cases * Highlights the four key issues arising from the Islington case * Examines problems in detail and gives solutions suitable for use in future cases.

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Banking and Finance
Introduction. The structure of financial derivatives products. The legal analysis of swaps. Issues of finance and law. Equity and modern financial techniques. Restitution and want of consideration. Conflicts between traditional equity and the law of restitution. The analysis of the courts in the local authority swaps cases. Alternative commercial approaches to restitution. The emerging principle of unjust enrichment. Suitability - a new model?.