... Journals Publication Model ( https://dbpia.nl.go.kr/journals/pages/open_access/funder_policies/chorus/standard_publication_model ) Abstract Private lawyers owe a particular debt of gratitude to Hohfeld, given their widespread use of his scheme. An example is equitable rescission, where the entitlement...

... © Crown Copyright 2006 Crown Copyright Applications Comptroller of Patents Designs and Trade Marks Discretion Patent grant Rescission Mendip Communications Job ID: 11812BK-0024-3 3 - 657 Rev: 21-07-2006 PAGE: 1 TIME: 12:27 SIZE: 5 [2006] R.P.C...

... is no longer a reason for knocking out the routine personal claim. In all cases of voidable transfer, the unjust enrichment is reversed by rescission and steps taken consequentially upon rescission. rights in personam rights in rem unjust enrichment obligations property remedy rights compensation...

... principles, which interlock with other fields of law. They need to be separated if errors are to be avoided. The work covers: the recovery of payments that are not due; the quantification of claims for restitution; the necessary link between claimant and defendant for a successful claim; rescission...

...Examination of the relationship between the usual remedies for the recovery of property such as rectification and rescission and resulting trust is the main concern of this chapter. It argues that whenever a provider of property to another is entitled to rescind a transaction or rectify...

... of the defendant, reasonable value of property and services, account of profits, restitutionary damages, recognition of a beneficial interest, equitable charge, subrogation, rectification, rescission, and interest. Since it is a function of restitutionary...

...This chapter treats the rescission of contracts voidable for lack of free consent. It considers the origins of the remedy and identifies distinctive features of the legislation which create a remedy unlike that in England or elsewhere in the common law world. The chapter identifies a numbers...

...Here it is argued that, since in P. Yadin 3 Shim‘on purchased from ’Abi-‘adan an enlarged version of the property Archelaus purchased from her one month earlier (as recorded in P. Yadin 2), Archelaus must have rescinded his purchase. This chapter seeks to explain this rescission. It argues...

... orchard debt grant rescission securing title universal succession While Babatha was growing up her father Shim‘on, son of Menaḥem, told her several times the story of how he came to acquire the date-palm orchard, which he re-named ‘Al-giph-yamma, Aramaic for ‘on the seashore’. He...

.... The topic is distinct from that touched upon in the last chapter, which considered the possibility that a payment of incorporeal money might be reversed by re-crediting the originator’s account.1 Rights of rescission apply generally to all kinds of money. Intention Improper Possibility Originator...

... alternative compensation rescission This content is only available as a PDF. ...

... differ from other welfare recipients? Did changes associated with welfare rescission have the same effect on the earnings of welfare recipients who did and welfare recipients who did not petition for protective orders? The answers help feminists understand the appeal and flaws of the conventional wisdom...

... of position in claims for rescission; whether change of position is a defence to ‘claims based on the claimant's title’; and whether it is useful to confine one's articulated reasoning to it being ‘equitable’ or ‘inequitable’ on the facts to uphold the defence. Lipkin Gorman has gained...

... to enter into the contract. The traditional remedy would then be rescission of the contract and an indemnity in equity, damages in the tort of deceit if the statement was made fraudulently, and, later, damages under the Hedley Byrne doctrine if it was made negligently. Within English law...

... Birks Peter justificatory primacy obligations voidability consent rescission Allcard v Skinner voluntary action freedom Feinberg Joel restitution unjust enrichment mistake Kelly v Solari equality of exchange non domination trust promise altruism exploitation undue influence contract...

... excusat a mora insolvency mise en demeure sommation litis contestatio dies dies interpellat pro homine mutuum date nihil inde sperantes specific performance usury prohibition on rescission contract imperfectly bilateral exceptio non adimpleti contractus fidem frangenti fides frangitur...

...0 16 06 2016 This chapter considers the circumstances in which a person can retain or recover a proprietary interest by operation of law. It discusses the importance of intention in deciding whether title is retained at common law. It explains how rescission can be used to recover title...

...This chapter offers an overview and analysis of fiduciary remedies. The remedies considered are accounting for profits, constructive trust, equitable compensation, injunction, the unwinding remedies (e.g., rescission), and the supervisory remedies (e.g., instruction, removal). One point of emphasis...

.... Particularly, the choice between rescission or specific performance and the payment of compensation in lieu of rescission or specific performance lies with the respondent and not with the UNAT, and remand is ostensibly provided for only where the respondent requests it prior to the determination of the merits...

... or other performance rendered. This clarifies many otherwise knotty rules, including rescission and avoidance of contracts; the recovery of mistakenly made gifts and other gratuitous transactions; changes in the law; ‘spent’ mistakes; the recovery of ultra vires taxes and other levies...