Contents - Faculty of Law - University of Cambridge

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ased upon one or two leading cases, will be set in advance of each meeting and supplemented by additional, follow-upreading.A prior knowledge of Conflict of Laws or Civil Procedure is not necessary but is advantageous.The structure of the course reflects the consecutive stages of an international commercial dispute. The following topicsreceive special attention:1. Introduction to international litigation: the strategy and practice of forum selection. The dynamics of internationallitigation. The operation of the Commercial Court.2. The jurisdiction of the English Courts: jurisdiction and the staying of actions. The traditional approach of Englishlaw. The 1968 Brussels Convention on jurisdiction and enforcement of judgments.3. Granting interim relief: the nature and extent of Mareva Injunctions.4. The applicable law in commercial disputes: choice of law in contract.5. Foreign proceedings and the English courts: Negative declarations. Antisuit injunctions. The enforcement offoreign judgements.READINGChs. 10 to 16 of Cheshire and North’s Private International Law (13th ed 1999) offer an excellent introduction to somecentral themes of the course. Although somewhat specialised in nature, the following readings provide additional insightsinto the nature and concerns of the subject:Collins, The Territorial Reach of Mareva Injunctions (1989) LQR 262 (the classic study of an important remedy ininternational disputes)The Spiliada [1987] AC 460; [1986] 3 All ER 843 (the landmark case in the law of international jurisdiction)Adams v. Cape Industries Plc [1990] Ch. 433; [1991] 1 All ER 929 (a case concerning the enforcement of a US judgmentin England)PAPER 4. THE LAW OF RESTITUTION1. Introduction: An analysis of the nature and ambit of the law of restitution and the essential principles on which thesubject is founded. The validity of the subject. Alternative approaches. Identification of restitutionary remedies.2. The unjust enrichment principle: the nature of the principle. The identification and valuation of enrichment. Thenotion of enrichment being at the expense of the claimant. The principles underlying the recognition of grounds ofrestitution. Absence of basis or presence of basis?3. The grounds of restitution:(a) Mistake. Whether ignorance is a ground of restitution. Specific defences to restitutionary claims grounded onmistake.(b) Failure of consideration: total, partial and absence of consideration.(c) Recovery of benefits conferred under compulsion: duress of the person, duress of goods, economic duressand legal compulsion.82
(d)Recovery of benefits conferred by exploitation: undue influence, undue pressure and unconscionability.4. Topics within unjust enrichment(a) Restitutionary claims brought against public authorities.(b) Anticipated contracts.5. Proprietary restitutionary claims:(a) Analysis of the underlying principles.(b) Identification of legal and equitable proprietary bases.(c) Following and tracing rules.(d) Proprietary claims and remedies.(e) Personal claims and remedies to vindicate proprietary rights.(f) The defence of bona fide purchase.6. General defences and bars:(a) Estoppel.(b) Change of position.(c) Ministerial receipt.(d) Passing on.(e) Illegality.(f) Limitation periods.7. Restitution for wrongdoing:(a) Analysis of the underlying principles.(b) Restitution for torts.(c) Restitution for breach of contract.(d) Restitution for equitable wrongdoing.READINGIntroductory:Hedley, A Critical Introduction to Restitution (2001)Main texts:Burrows, The Law of Restitution (2nd ed 2003)Virgo, The Principles of the Law of Restitution (2nd ed 2006)Casebook:Burrows, McKendrick and Edelman, Cases and Materials on the Law of Restitution (2nd ed 2006)For reference:Birks, An Introduction to the Law of Restitution (1989, revised ed)Birks, Unjust Enrichment (2nd ed 2005)Burrows (ed), English Private Law, (2nd ed 2007) ch. 15 (by Birks and Chambers)83
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ContentsGeneral InformationOfficers
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Settlement of International Dispute
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Faculty AdministrationFaculty Offic
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The Faculty of LawLaw has been stud
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The LLM Degree. This degree is awar
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Opening Hours:Full Term: Monday to
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Rules Made by the Information Strat
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The Lauterpacht Centre for Internat
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Centre for Corporate and Commercial
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Cambridge Socio-Legal GroupThe Camb
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Dates of Faculty Board Meetings7 Oc
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Proceed with caution in reaching fo
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Faculty CommunicationEach year, the
Page 32 and 33: Law Tripos Part IA. A candidate for
Page 34 and 35: Prizes. The following prizes may be
Page 36 and 37: PAPER 2. CONSTITUTIONAL LAWA. The a
Page 38 and 39: Oliver, Constitutional Reform (2003
Page 40 and 41: Hedley, Tort (6th ed 2008)Weir, An
Page 42 and 43: 3. Trusts and co-ownership: Concurr
Page 44 and 45: Brownlie, Principles of Internation
Page 46 and 47: Elliott, Constitutional Foundations
Page 48 and 49: Contract: covenant and debt; assump
Page 50 and 51: Statutes:Blackstone’s Statutes on
Page 52 and 53: For reference:Birks and Pretto (ed)
Page 54 and 55: Foster, EU Legislation (2010-2011)B
Page 56 and 57: PAPER 42. INTELLECTUAL PROPERTY1. I
Page 58 and 59: 2. Property torts (conversion and t
Page 60 and 61: (iii)Causation4. Contracts in Engla
Page 62 and 63: Rawls, Political LiberalismRawls, J
Page 64 and 65: Rodger and McCulloch, The UK Compet
Page 66 and 67: Law Commission, Renting Homes: The
Page 68 and 69: Human Rights Case DigestHuman Right
Page 70 and 71: 3. Title at common law and in equit
Page 72 and 73: Exemption from Professional Examina
Page 74 and 75: Paper application available to down
Page 76 and 77: Form of Examination and Designation
Page 78 and 79: ‘Open Book’ Papers. Where a pap
Page 80 and 81: LLM : Syllabuses and Lists of Recom
Page 84 and 85: Goff and Jones, The Law of Restitut
Page 86 and 87: Butterworths’ Company Law Handboo
Page 88 and 89: 2. The EU’s system for human righ
Page 90 and 91: the context of environmental protec
Page 92 and 93: European Competition Law Review (EC
Page 94 and 95: Crawford, The Treatment of Combatan
Page 96 and 97: Douglas, The International Law of I
Page 98 and 99: Unger, Free Trade Reimagined (2007)
Page 100 and 101: 3. Sceptics and Critics I4. Sceptic
Page 102 and 103: The course provides an opportunity
Page 104 and 105: (iv)(v)(vi)(vii)Is either utilitari
Page 106 and 107: Reiman, ‘Justice, Civilization, a
Page 108 and 109: Gardner, Introduction to the Law of
Page 110 and 111: 1. Types of theoretical analysis an
Page 112 and 113: 2. Specific fieldsTopics to be sele
Page 114 and 115: The LLM (one-year taught postgradua
Page 116 and 117: As part of the requirements for the
Page 118 and 119: Teaching Members of the Faculty of
Page 120 and 121: MC Elliott, MA, PhD (Cantab); St Ca
Page 122 and 123: RA Melikan, BA (Mich), JD, MA (Chi)
Page 124 and 125: BD Sloan, MA, LLM (Cantab); King’
Page 126 and 127: Law Teachers in the Department of L
Page 128 and 129: Murray Edwards College. Dr S Turenn
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