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The Change of Position Defence by Elise Bant (English) Hardcover Book

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eBay item number:156109450511
Last updated on 28 May, 2024 13:34:34 AESTView all revisionsView all revisions

Item specifics

Condition
Brand new: A new, unread, unused book in perfect condition with no missing or damaged pages. See the ...
ISBN-13
9781841139654
Book Title
The Change of Position Defence
ISBN
9781841139654
Subject Area
Civil Law
Publication Name
The Change of Position Defence
Publisher
Bloomsbury Publishing PLC
Subject
Law
Publication Year
2009
Type
Textbook
Format
Hardcover
Language
English
Item Height
234mm
Author
Elise Bant
Item Width
156mm
Item Weight
550g
Number of Pages
286 Pages

About this product

Product Information

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 '.

Product Identifiers

Publisher
Bloomsbury Publishing PLC
ISBN-13
9781841139654
eBay Product ID (ePID)
95667222

Product Key Features

Subject Area
Civil Law
Author
Elise Bant
Publication Name
The Change of Position Defence
Format
Hardcover
Language
English
Subject
Law
Publication Year
2009
Type
Textbook
Number of Pages
286 Pages

Dimensions

Item Height
234mm
Item Width
156mm
Item Weight
550g

Additional Product Features

Title_Author
Elise Bant
Country/Region of Manufacture
United Kingdom

Item description from the seller

Business seller information

Value Added Tax number:
  • AU 82107909133
  • GB 293967539
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