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Full-Text Articles in Law
Clearly Canadian: Public Participation In Canadian Unfair Trade Action, Chios Carmody
Clearly Canadian: Public Participation In Canadian Unfair Trade Action, Chios Carmody
Law Publications
The Canadian Council on International Law was founded in 1972 to represent Canadian international law practitioners and academics and to facilitate and promote the study of international legal problems by scholars and professionals. These conference proceedings comprise a collection of essays written by leading academics and practitioners on the subject of how international law affects Canadian domestic law. A wide range of domestic law areas are covered, including environmental law, international trade law, constitutional law, international treaties, and the treatment of women in relation to immigration and refugee law. This work will be of value to Canadian scholars and practitioners, …
What’S Wrong With Restitution, David Stevens, Jason Neyers
What’S Wrong With Restitution, David Stevens, Jason Neyers
Law Publications
The law of restitution has developed out of the law of quasi-contract and the law of constructive trust. Inadequate attention to the logic and coherence of doctrines in the law of restitution, however, renders this new law as opaque and confused as its predecessor. This is largely due to the remedial mentality of the common law. The remedy to the remedial mentality is to concentrate future efforts in stating doctrine on defining rights, not remedies. The precedent for this type of change in method is the transformation that occurred in contract and tort over the past 100 years, inspired, in …