📖[PDF] Illegality after Patel v Mirza by Sarah Green | Perlego
Get access to over 700,000 titles
Start your free trial today and explore our endless library.
Join perlego now to get access to over 700,000 books
Join perlego now to get access to over 700,000 books
Join perlego now to get access to over 700,000 books
Join perlego now to get access to over 700,000 books
Illegality after Patel v Mirza
Illegality after Patel v Mirza
📖 Book - PDF

Illegality after Patel v Mirza

Sarah Green, Alan Bogg
shareBook
Share book
pages
320 pages
language
English
format
PDF
availableOnMobile
Available on iOS & Android
📖 Book - PDF

Illegality after Patel v Mirza

Sarah Green, Alan Bogg
Book details
Table of contents
Citations

About This Book

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.

Read More

Information

Publisher
Bloomsbury Publishing
Year
2018
ISBN
9781509912797
Topic
Law
Subtopic
Contract Law
Edition
1

Table of contents