- 丛书名 : Hart Studies in Private Law
- 中图分类号: D99
- 语种: ENG
- 出版信息: Hart Publishing 2018 407页
- EISBN: 9781509912797
- PISBN-P: 9781509912773
- 原文访问地址:
KG评星
知识图谱评星,是一种基于用户使用的评价体系,综合图书的评论数量、引文数量、Amazon评分以及图谱网络中节点的PageRank值(即考虑相邻节点数量和重要性)等多种因素计算而得出的评价数值。星级越高,推荐值越高。CAT核心级
核心学术资源(CAR)项目作为教图公司推出的一项知识型服务,旨在打造一套科学、有效的图书评价体系,并协助用户制定相应的馆藏建设方案。CAR项目调查和分析12所世界一流大学的藏书数据,以收藏学校的数量确定书目的核心级,核心级越高,代表书目的馆藏价值越高。选取核心级在三级以上,即三校以上共藏的图书作为核心书目(CAT)。In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance.This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.