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 ¦   Theory  ¦  Mistake  ¦  Contracts  ¦  Property  ¦  Family  ¦  Wrongs  ¦  Subrogation  ¦ 

A Commonwealth of Perspective on Restitutionary Disgorgement for Breach of Contract by Caprice Roberts (Washington and Lee Law Rev) (ssrn.com) (July 2008) PDF

ACCC v. Berbatis Holdings (2003) 197 ALR 153 by Nicole Dean (Sydney Law Rev) (2004)

Adras v. Harlow & Jones (1988) - CISG case presentation (1999)

After Etridge: The endgame for banks and non-commercial sureties? by Stephen Midwinter (September 2002)

After Frustration: Three Cheers for Chandler v. Webster by Victor P Goldberg (ssrn.com) (November 2010)

Against the 'Meeting of the Minds': Exploring a New Basis for Contractual Liability by Omri Ben-Shahar (ssrn.com) (October 2002)

An Alternative Approach to Avoiding the Guaranteed Maximum Price in Contracts by Jon T Anderson (Thelen Reid & Priest) (May 2000)

An Economic Perspective on the Doctrine of Unilateral Mistake in English Contract Law: A Remedy-Based Approach by Qi Zhou (Northern Ireland Legal Quarterly) (ssrn.com) (April 2008) PDF

Another Look at the Giving of Independent Advice to Sureties: Some Uncertainties and Evolving Concerns by Charles Chew (Bond Law Rev) (2006) PDF

A restitutionary theory of attorneys' fees in class actions by Charles Silver (Cornell Law Review) (1991)

Banks and fiduciary relationships by John Glover (Bond Law Rev) (1995)

Brief – Quantum meruit and local government by Greg Abbott, A-G of Texas (June 2005)

California Public Works Contractors Get Some Protection for Work Performed After Bid Disputes by Laura O Leslie and W Samuel Niece (Thelen Reid and Priest) (June 2004)

Clogging the equity of redemption: An outmoded concept? by Lindy Willmott and Bill Duncan (QUT Law & Justice Jour) (also here) (2002)

Commission Impossible? Bonus and Commission Claims Get Boost from Court Decisions by V John Ella (Hennepin Lawyer) (June 2005)

Committee Ruling - Proceedings against a Firm or Solicitor for Unpaid Fees by Anthony JH Morris (October 2000)

Construction Lender Required to Pay Contractor for Value of Work Performed after Halting Funding Without Telling the Contractor by Clark Thiel (Thelen Reid and Priest) (September 2004)

Contract - III. Void and Voidable by Oliver Wendell Holmes Jr (from The Common Law (1881))

Contract Law, Contractarian Law, and Fiduciary Law by Tamar Frankel (AALS) (January 2002)

Contract, unjustified enrichment and concurrent liability: a Scots perspective by Hector L MacQueen (1997)

Coping with Failure? Re-Appraising Pre-Contractual Remuneration by Kit Barker (ssrn.com) (2003)

Crafting a Remedy for the Naughtiness of Procedural Unconscionability by Paul Bennett Marrow (ssrn.com) (2004)

Creation of a Contract by Solicitation of a Bid by Anthony D Lehman (Smith, Currie and Hancock) (1999)

Curbing unconscionability: Berbatis in the High Court of Australia by Rick Bigwood (Melbourne Univ Law Rev) (April 2004)

Disgorgement for breach of contract: a comparative perspective by John D McCamus (Loyola of Los Angeles Law Rev) (2003)

Equitable estoppel: Defining the detriment by Denis SK Ong (Bond Law Rev) (June 1999) (see also reply by Michael Pratt and rejoinder by Denis Ong) PDF

Estoppel and Textualism by Gregory Maggs (American Jour of Comparative Law) (ssrn) (2006)

Estoppel by conduct: Unresolved issues at common law and in equity by Andrew Robertson (National Law Rev) (1999)

Failure of Consideration and its Place on the Map by Peter Birks (abstract only) (Oxf Univ Comm Law Jour) (Summer 2002)

Filing Your Claim of Lien: Be Honest and Be Careful or Risk Getting Nothing by Harlan E Jones (Jordan Schrader) (2003)

Frustration, Hardship, Force Majeure, Imprévision, Wegfall der Geschäftsgrundlage, Unmöglichkeit, Changed Circumstances - A Comparative study in English, French, German and Japanese Law by AH Puelinckx

General Contractors Lose Three Recent Cases by James R Keller (St Louis Construction News and Review) (June 2000)

Good Faith in Precontractual Negotiations: A Franco-German-American Perspective by Omer Tene (ssrn) (October 2006)

Good faith in the Scots law of contract: an undisclosed principle? by Hector L MacQueen (1999)

High Hopes: The meaning and merits of unconscionability as the rationale for the High Court's decision in Garcia v. National Australia Bank Ltd by Pauline Ridge (National Law Rev) (2000)

In Defense of the Good Samaritan by Hanoch Dagan (Michigan Law Rev) (ssrn.com) (1999)

In Personam, Garcia v. NAB and the Torrens System - Are They Reconcilable? by Lynden Griggs (QUT Law and Justice Jour) (2001)

International Negotiations Gone Sour: Precontractual Liability under the United Nations Sales Convention by Diane Madeline Goderre (Univ of Cincinnati Law Rev) (also here) (1997)

Interpretation and Rectification: Lord Hoffmann’s Last Stand by David McLauchlan (ssrn.com) (2009) PDF

Legal explanation of possible restitution action by the SA Reserve Bank (South African Reserve Bank)

Legal Implications of Precontractual Agreements in the Energy and Natural Resources Industries by Mirian Kene Omalu (On-Line Journal of the CEPMLP) (1999)

Let's Be Reasonable: Quantum Meruit and Asian Equivalents by Nicholas Longley (Tanner De Witt) (May 2006)

Letters of Comfort: A Comparative Evaluation of Australian, United States and English Jurisdictions by Lang Thai (Current Commercial Law) (May 2000)

Liability in Unjust Enrichment Where a Contract Fails to Materialise by James Edelman (ssrn.com) (2010)

Liability outside the contract (Electronic Construction Law Jour)

Liens for motor vehicle service (December 2003)

Litigating The Yankee Tax: Application Of The Lodestar To Attorneys' Fee Awards In Common Fund Litigation by Bruce R Braun and W Gordon Dobie (Florida State Univ Law Rev) (1996)

Lumbers v. W. Cook Builders Pty Ltd (in liq): Restitution for Services and the Allocation of Contractual Risk by Michael Bryan (Melbourne Univ Law Rev) (ssrn.com) (2009)

Marine Salvage & Recreational Boaters: Modern Concepts & Misconceptions by Andrew W Anderson

Marine-Salvage Law and Marine-Peril-Related Policy: A Second-Best and Third-Best Economic-Efficiency Analysis of the Problem, the Law, and the Classic Landes and Posner Study by Richard S Markovits (U of Texas Law and Economics Research Papers) (ssrn.com) (March 2005)

Mechanics' liens and surety bonds under Georgia law (The Chapman Firm)

Memorandum - Assisted Living Group v. Smith (Lawfinders)

Mr Garland goes to Ottawa: comments on restitution in Canada through the lens of Garland v. Consumers' Gas by Jeff Berryman (Loyola of Los Angeles Law Rev) (2003)

Murky Waters: The Law and Economics of Salvaging Historic Shipwrecks by Paul Hallwood and Thomas J Miceli (Univ of Connecticut Department of Economics Working Paper Series) (December 2004)

Mutual and Unilateral Mistake in Contract Law by Ian Ayres and Eric Rasmusen (Jour of Leg Stud) (1993)

Mutual Misunderstanding in Contract by Benjamin Alarie (Univ of Toronto, Legal Studies Research Papers) (ssrn.com) (July 2008) PDF

New Take On Mortgage Fraud: Undue Enrichment by Lew Sichelman (Realty Times) (September 2001)

New York Appellate Division Limits Bank Liability For Sharing Confidential Information by Rex Douglas Frazier (Pillsbury Winthrop) (2002)

Nonmaterial misrepresentation: damages, rescission, and the possibility of efficient fraud by Emily Sherwin (Loyola of Los Angeles Law Rev) (2003)

Precontractual liability and preliminary agreements by Alan Schwartz and Robert E Scott (Harvard Law Rev) (2007) PDF

Precontractual Liability in European Private Law: Conclusions by John Cartwright and Martin Hesselink (ssrn.com) (December 2008) PDF

Precontractual Liability in European Private Law: Introduction by John Cartwright and Martin Hesselink (ssrn.com) (November 2008) PDF

Precontractual Liability in the Rome II Regulation by Rafael Arenas García (InDret) (ssrn.com) (2008) PDF

Pre-contractual liability: protecting the rights of the parties engaged in negotiations by Alyona N Kucher (May 2004)

Precontractual Negotiations and Legal Obligations by Ian Bloemendal (Queensland Law Society CLE) (June 2003)

Pre-Contractual Reliance by Lucian Bebchuk and Ombi Ben-Shahar (Michigan Law & Economics Discussion Papers) (2000)

Promissory Estoppel and the Protection of Interpersonal Trust by John J Chung (July 2008) (Roger Williams Univ Legal Studies Papers) (ssrn.com) PDF

Quantum Meruit!: The Rights of the Discharged Contingent Fee Lawyer by Charles F Luce, Jr (Moye, Giles, O'Keefe, Vermeire & Gorrell) (1997)

Rationalising restitutionary damages in contract law - An elusive or illusory quest? by Andrew Phang and Lee Pey Woan (2001) (Jour Contract Law)

Recovering Value Transferred Under an Illegal Contract by Peter Birks (abstract only) (Theor Inq in Law) (January 2000)

Reliance, conscience and the new equitable estoppel by Andrew Robertson (review of Spence, Protecting Reliance) (Melbourne Univ Law Rev) (2000)

Reliance, promissory estoppel and culpa in contrahendo: a comparative analysis by Gunther Kühne

Remarks on the manner in which Articles 7.3.5 and 7.3.6 of the UNIDROIT Principles compare with Articles 81 and 82 of the CISG by Florian Mohs (January 2004)

Restitution and Contract: Non-Cumul? by Jack Beatson (abstract only) (Theor Inq in Law) (January 2000)

Restitution of Profits Gained by Party in Breach of Contract by Daniel Friedmann (Law Quarterly Rev) (1988) (also here)

Restitutionary damages for breach of contract: An exercise in private law theory by Hanoch Dagan (Theor Inq in Law) (2000)

Restitutionary Disgorgement as a Moral Compass for Breach of Contract by Caprice L Roberts (ssrn.com) (August 2008) PDF

Restitution for a Total Failure of Consideration: When a Total Failure is not a Total Failure by James Edelman (Newcastle Law Rev) (1996)

Restitution, Rectification, and Mitigation: Negligent Solicitors and Wills, Again by Eoin O'Dell (abstract only) (Modern Law Rev) (May 2003)

Restitutionary Developments under Part VI, Malaysian Contracts Act 1950 by Cheong May Fong (abstract only) (Australian Jour of Asian Law) (2005)

Rethinking the Special Equity Rule for Wives: Post Garcia, Quo Vadis, Where to From Here? by Charles Chew (Bond Law Rev) (2008) PDF

Roman Law in Britain by Robin Evans-Jones (Roman Law Resources) (2000) (also here )

Salvaging Historic Shipwrecks by Paul Hallwood and Thomas J Miceli (Univ of Connecticut Department of Economics Working Paper Series) (January 2004)

Spangaro v. Corporate Investment Australia Funds Management Ltd: Failure of consideration (failure of basis) as a claim in unjust enrichment by Jonathon Moore (Melbourne Univ Law Rev) (2005)

Squaring undisclosed agency law with contract theory by Randy E Barnett (California Law Rev) (also here) (1987)

Statutory Unconscionability and Guarantees by Janine Pascoe (Bond Law Rev) (2006) PDF

Sub-bailment on terms: circumventing privity of contract by Gillian Bristow (National Law Rev) (1999)

Taming the unruly horse! Contractual illegality and public policy: Fitzgerald v FJ Leonhardt Pty Ltd by Jay Forder (High Court Rev) (1997)

The Assessment of Gain-Based Damages for Breach of Contract by Ralph Cunnington (abstract only) (Modern Law Rev) (ssrn.com) (2008)

The case for punitive damages in contracts by William S Dodge (Duke Law Jour) (1999)

The Duty of Good Faith and Fair Dealing in Commercial Contracts in Massachusetts by Tory A Weigand (Massachusetts Law Review) (Spring 2004)

The Duty To Negotiate In Good Faith And The Enforceability Of Short-Term Nautral Gas Clauses In Production Sharing Agreements by R Doak Bishop (CEPMLP Internet Jour) (2000)

The Essence Of Punctuality: Termination Of Contracts For The Sale Of Land For Late Performance And Relief In Equity by C J Rossiter (Univ of NSW Law Jour) (2001)

The Five Most Important Issues in Lien Law Today by Duncan W Glaholt (Glaholt) (1999)

The Law and Economics of Preliminary Agreements by Alan Schwartz and Robert E Scott (ssrn.com) (March 2006)

The law of contract in the new millennium by Jim Davis

The Law Of Salvage by Newell D Smith (1994)

The Principle of Unjust Enrichment and Formation of Contract: The Importance of a Hidden Policy Factor by Jan M Smits (European Rev of Private Law) (also at ssrn) (July 2006)

The Remedy of Avoidance under the Vienna Convention on the International Sale of Goods by Anna Kazimierska (1999)

The Restitutionary and Economic analyses of Salvage Law by Catherine Swan (Australian and New Zealand Maritime Law Jour) (2009) PDF

The Role of Disgorgement in Contract Law by Peter Siegelman and Steven Thel (Fordham Law Legal Studies Research Papers) (ssrn.com) (March 2009) PDF

The Treatment of Suretyships in the EU: Unhappy Families? by Eoin O'Dell (cearta.ie) (March 2007)

The Triumph of Equity: Equitable Estoppel in Modern Litigation by T Leigh Anenson (Review of Litigation) (ssrn.com) (2008) PDF

The Yoking Of Unconscionability And Unjust Enrichment In Australia by James McConvill and Mirko Bagaric (Deakin Law Rev) (2002)

Unconscionable: Financial Exploitation of Elderly Persons with Dementia by Matthew A Christiansen (Marquette Elder's Advisor) (ssrn.com) (2008) PDF

Unconscionability Breaks New Ground – Avoiding and Litigating Unfair Client Conduct After the ACCC Test Cases and Financial Services Reforms by Bryan Horrigan (Deakin Law Rev) (2002)

Unconscionability in equity and under the Trade Practices Act 1974 by Ian Beale (National Law Rev) (also here) ( here and here) (1999)

Unconscionability in estoppel: Triable issue or foundational principle? by the Hon Justice K R Handley AO (QUT Law and Justice Journal) (September 2007) PDF

'Unfair' results and unfair doctrines: Structuring the application of the equitable doctrines of undue influence and unconscionable dealing by Andrew N Sykes (Murdoch Univ Electronic Jour of Law) (2006)

When is enrichment unjust? Restitution visits an onyx bathroom by Doug Rendleman (Loyola of Los Angeles Law Rev) (2003)

Wife may be on hook for co-signing loan by Bob Aaron (Toronto Star) (June 2001)

Wives, business debts and guarantees by Janine Pascoe (Bond Law Rev) (1997)

Women who guarantee company debts: wife or director? by Janine Pascoe (Deakin Law Rev) (2003)

Women's Guarantees and 'All Moneys' Clauses by Janine Pascoe (QUT Law and Justice Jour) (2004)

Written contract alternatives by Mark Hinkston (Wisconsin Lawyer) (2000)

You Do Have to Keep Your Promises: A Disgorgement Theory of Contract Remedies by Steven Thel and Peter Siegelman (William & Mary Law Rev) (ssrn) (2010) PDF

 ¦   Theory  ¦  Mistake  ¦  Contracts  ¦  Property  ¦  Family  ¦  Wrongs  ¦  Subrogation  ¦ 
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