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OverviewThis book investigates the history of the modern doctrine of account, and by that history, seeks to identify some of the principles and premises which help explain the application of, and which underlie, the action today. The common law account, and its successor in equity, is over 800 years old. There does not appear to have been any work devoted to an examination of that history published in that time. The focus on the book is on the question 'who is an accountable party'? The area of law focused on is common law and equitable remedies, namely, the account (including the subsidiary principle, the 'account of profits').\n\n**Dr James Watson, The Duty to Account: Development and Principles , was a finalist of the inaugural Holt Prize 2015. Full Product DetailsAuthor: J.A. Watson (University of Sydney, Australia)Publisher: Federation Press Imprint: Federation Press Weight: 0.576kg ISBN: 9781760020668ISBN 10: 1760020664 Pages: 240 Publication Date: 27 September 2016 Audience: Professional and scholarly , College/higher education , Professional & Vocational , Tertiary & Higher Education Format: Hardback Publisher's Status: Active Availability: In stock  We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately. Table of ContentsCONTENTS Foreword by John Sheahan QC Preface Acknowledgments About the Author Guide to References Abbreviations Table of Authorities Table of Statutes 1. Introduction Outline Literature The position today Accounting outside the scope of the book Vulgar Latin PART I Development of the Account 2. Early Circumstances Tenure The Exchequer The first accounting parties A discursion: tallies The Exchequer process of accounting Early records of Exchequer 3. Recognition at Law Early reports of account cases The Barons' Wars The Statute of Marlborough 1267 County Extradition Statute of Westminster II The form of the writ of account 4. Context and Competing Influences Wager of law Reforms under Henry II Disseisin Recognition Trespass and Damages Slade's Case Coinciding writs Possession PART II Accounting 5. Outline: Taking Accounts Two stages of account Quod computet Process According to equity and justice Knowledge The origins of profits Wilful default of duty (proceeds that ought to be obtained) Quod recuperet PART III Accounting Parties 6. Accounting Parties at Law Accounting parties from Westminster II Bailiffs Receiver ad computandum Bailiff or receiver 'ad merchantizandum' The constructive receiver Partners Joint tenants or tenants in common Executors Employees Bailees Factors Agents Recovery of capital (failure of consideration) Misrepresentation, deceit and fraud Mistake Usurpation of an office Receipt to benefit third parties A to B to the use of C Common law trade marks (passing off) The rights of the Crown The position reached 7. Accounting Parties in Equity The development of the jurisdiction The breadth of account in equity True bills of account Judicature accounts The early trust: Common law use of estates in land Development of the trust Constructive trustees Fiduciaries and powers Confidential information Theft 8. Principles of the Duty to Account Recapitulation Ad opus Certain contentions Further matters 9. Outline: Money Had and Received Before Moses Moses v Macferlan 10. Outline: Account and Wrongs Privity Fitzherbert, Brooke, Tottenham and Coke Privity in fact or law Waiver of tort Account for torts or breach of contract Attorney-General v Blake The wrong question 11. Concluding Note Bibliography IndexReviewsThe book demonstrates that the remedy of an account is manifestly under-utilised. ... there can be no doubt as to the extremely high level of learning and scholarship which underlies the discussion of the historical development of the principles in question. ... This is another exceptional work from The Federation Press which surely must now be considered as Australia's leading legal publisher. It constantly publishes work of the highest quality and standard which leads and develops the law. This work is no exception. Read full review... - Queensland Law Reporter - 14 October 2016 - [2016] 40 QLR Author InformationTab Content 6Author Website:Countries AvailableAll regions |
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