株式会社極東書店トップ商品一覧Illegality and Public Policy. 5th ed.

商品詳細

Illegality and Public Policy.

Illegality and Public Policy. 5th ed. 違法性と公共政策 第5版

・ISBN 978-0-414-07848-2 hard GB£ 282.00

¥89,337.- (税込) (※)価格はご注文時の参考価格となります。
納品価格につきましては書籍の入荷時点で確定となります。
版元の原価改定、外国為替の変動等により異なる場合がございますので、予めご了承下さい。

お気に入り
著者・編者Buckley, Richard A.,
シリーズThe Contract Law Library
出版社(Sweet & Maxwell, UK)
出版年月2020.09
ページ数392 pp.
言語ENG
ニュース番号<661-L1821 661-L2005>

解説

This text sets out fully and clearly the law relating to illegality, public policy and restraint of trade in the context of contracts. Offering practical examples of situations in which illegality issues may arise and outlining possible solutions, the book also explores possible reforms of the law in the UK and Commonwealth jurisdictions aimed at overcoming its perceived uncertainly and rigidity. Key Features Clarifies the particularly complex law relating to illegality and public policy in contracts and the possible consequences of such agreements. Distinguishes between 'statutory illegality' and illegality derived from common law. Considers issues arising from the relationship between criminal and civil law, including claimant recovery actions, the forfeiture rule, and the Estates of Deceased Persons Act 2011. Looks at the nature and scope of the doctrine of public policy Detailed examination of the doctrine of restraint of trade and the distinction between public and private interest. Sets out the availability of restitutionary relief in cases of contract illegality Explores UK and Commonwealth case law and the most recent reforms in these jurisdictions. Highlights potential arguments for challenging and examining contracts. Deals with the passing of property under unenforceable contracts and difficulties surrounding the transfer of limited interests. Provides hypothetical examples of illegality situations and suggests possible approaches to the resolution of disputes New to the 5th edition The seminal 2016 decision of the Supreme Court in Patel v Mirza is analysed and discussed throughout the book. Notable decisions on illegality since the last edition, which also help to clarify the effects of Patel v Mirza, include Stoffel & Co v Grondona on mortgage fraud, Rashid v Nasrullah on adverse possession, Okedina v Chikale on immigration and employment law, and Gujra v Roath on conspiracy. The very significant decision of the Supreme Court in Tillman v Egon Zehnder on the construction and severance of restraint of trade clauses is fully considered. As well as analysing key UK decisions, the book addresses the latest and most important Commonwealth decisions