This book defines and explains the operation of the defence of change
of position in Anglo-Australian law. It is a widely accepted view that
the defence is a modern development, the first express recognition of
which can be traced in England to the seminal decision of the House of
Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have
accordingly tended to focus on post-Lipkin case law in discussing the
defence and its many disputed features. This work takes a different
stance, arguing that the defence is best understood by placing it
within its broader historical and legal context. It explains that the
foundations of the defence can be found in the related doctrines of
estoppel by representation, the agent's defence of payment over and
the law of rescission. The analysis applies crucial insights from
those areas, together with the change of position authorities and
broader considerations of policy and principle, to develop a rigorous
model of the change of position defence. The work not only provides a
clear and exhaustive examination of the defence, but demonstrates
that, properly understood, the defence operates in a rational and
justifiable manner within its broader private law context. In so
doing, its analysis meets the oft-expressed concern than the defence
may operate in an unprincipled way or by reference to 'that vague
jurisprudence which is sometimes attractively styled "justice as
between man and man"'.
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Produktdetaljer
ISBN
9781847315076
Publisert
2015
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter