Swaps,Restitution and Trusts

Overview

Examines the conflicts between the attitudes of traditional trust lawyers and the proponents of the emerging principle of restitution of unjust enrichment. In particular it considers developments in these areas and their ramifications for commercial and financial contracts. The book analyzes the case of Westdeutsche v. Islington LBC and its ramifications on the swaps markets. The book also advances the thesis that claims in relation to restitution of money, arising in relation to financial transactions, ought to ...
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Overview

Examines the conflicts between the attitudes of traditional trust lawyers and the proponents of the emerging principle of restitution of unjust enrichment. In particular it considers developments in these areas and their ramifications for commercial and financial contracts. The book analyzes the case of Westdeutsche v. Islington LBC and its ramifications on the swaps markets. The book also advances the thesis that claims in relation to restitution of money, arising in relation to financial transactions, ought to be found on a notion of suitability.
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Product Details

  • ISBN-13: 9780421656505
  • Publisher: Sweet & Maxwell, Limited
  • Publication date: 1/1/1999
  • Pages: 240

Table of Contents

The structure of financial derivatives products
the legal analysis of swaps
issues of finance and law
equity and modern financial techniques
restitution and want of consideration
conflicts between traditional equity and the law of restitution
the analysis of the courts in the local authority swaps cases
alternative commercial approaches to restitution
the emerging principle of unjust enrichment
suitability - a new model.
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