Impact of Equity and Restitution in Commerce

Commercial relationships give rise to diverse forms of legal obligation in private law including contract tort agency company law and partnership. More controversially equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. <br/><br/>This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level focusing on the roles of equity and the law of restitution in terms of legal taxonomy doctrine and policy. In contrast five further chapters primarily address this impact at a micro-level focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce with a view to fostering further debate over the fundamental issues at stake.