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The Modern Cy Pr S Doctrine

Author: Rachael Mulheron
Publisher: Routledge
ISBN: 1135392641
Size: 69.32 MB
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It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.

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Publisher:
ISBN: 0813229502
Size: 78.17 MB
Format: PDF, ePub, Docs
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Collective Actions

Author: Stefan Wrbka
Publisher: Cambridge University Press
ISBN: 1107021545
Size: 53.72 MB
Format: PDF, Kindle
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This volume of essays examines whether collective actions can enhance access to justice for multilayer interests.

The Role Of The Court In Collective Redress Litigation Comparative Report

Author: Élodie Falla
Publisher: Primento
ISBN: 2804463540
Size: 56.41 MB
Format: PDF
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The key question facing European policy-makers is how to enable collective redress proceedings without producing the undesirable consequences that are associated with the U.S. class action model. How is it possible to find the balance between providing compensation for legitimate claims and preventing unmeritorious claims? If the system encourages the vast majority of claims to be settled, how can it avoid the ‘blackmail effect’, which means it will be cheaper for defendants to settle unmeritorious claims than to fight them? How is it possible to avoid excessive transactional costs? etc. In this report, it is considered that one of the of the important safeguards against the abuses of the U.S. class action system could be the active role of the court in collective redress litigation. Research is needed to see what concrete judicial powers are the most important in that respect. This report tries to achieve this challenge. The first part of the report consists in a comparative analysis of national rules and case law in six Member States (United Kingdom (England & Wales), Germany, Italy, Portugal, Spain and Sweden) to identify which powers of the court in a collective redress trial ensure fair proceedings for both parties and act as safeguards against potential abuses of the system. Cases have been selected to illustrate the issues that arise and some of the creative solutions that have been applied so far by the courts at each stage of a collective redress procedure. The second part of this report aims at looking ahead to ways in which recommendations for an optimal balanced framework for a European collective redress mechanism would be formulated. The result of the case analyses set out in this report attempts to demonstrate whether the European Union might be able to introduce an attractive approach towards collective redress which builds on previous knowledge by fusing different national approaches and provides benefits to consumers, competitors and the economy, without harmful risks.

Principles Of Tort Law

Author: Rachael Mulheron
Publisher: Cambridge University Press
ISBN: 1316594823
Size: 29.17 MB
Format: PDF
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Presenting the law of tort as a body of principles, this authoritative textbook leads students to an incisive and clear understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by numerous diagrams and tables, which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, whilst key reform proposals and leading cases from other jurisdictions illustrate different potential solutions to conundrums in tort law. A rich companion website, featuring ten additional chapters and sections on more advanced areas of tort law, completes the learning package. Written specifically for students, the text is also ideal for practitioners, litigants, policymakers and law reformers seeking a comprehensive and accurate understanding of the law.

Solving Modern Crime In Financial Markets

Author: Marius-Cristian Frunza
Publisher: Academic Press
ISBN: 0128045329
Size: 20.24 MB
Format: PDF, ePub, Docs
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This comprehensive source of information about financial fraud delivers a mature approach to fraud detection and prevention. It brings together all important aspect of analytics used in investigating modern crime in financial markets and uses R for its statistical examples. It focuses on crime in financial markets as opposed to the financial industry, and it highlights technical aspects of crime detection and prevention as opposed to their qualitative aspects. For those with strong analytic skills, this book unleashes the usefulness of powerful predictive and prescriptive analytics in predicting and preventing modern crime in financial markets. Interviews and case studies provide context and depth to examples Case studies use R, the powerful statistical freeware tool Useful in classroom and professional contexts

Governing Nonprofit Organizations

Author: Marion R. Fremont-Smith
Publisher: Harvard University Press
ISBN: 9780674037298
Size: 37.87 MB
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The nonprofit sector is a vital component of our society and is allowed the greatest freedom to operate. The public understandably assumes that since nonprofit organizations are established to do good, the people who run nonprofits are altruistic, and the laws governing nonprofits have reflected this assumption. But as Marion Fremont-Smith argues, the rules that govern how nonprofits operate are inadequate, and the regulatory mechanisms designed to enforce the rules need improvement. Despite repeated instances of negligent management, self-interest at the expense of the charity, and outright fraud, nonprofits continue to receive minimal government regulation. In this time of increased demand for corporate accountability, the need to strengthen regulation of nonprofits is obvious. Fremont-Smith addresses this need from a historical, legal, and organizational perspective. She combines summaries and analysis of the substantive legal rules governing the behavior of charitable officers, directors, and trustees with descriptions of the federal and state regulatory schemes designed to enforce these rules. Her unique and exhaustive historical survey of the law of nonprofit organizations provides a foundation for her analysis of the effectiveness of current law and proposals for its improvement.