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This article addresses the approach of the law of equity to the problem of third party undue influence in the context of bank guarantees. It considers the decision of the Irish High Court in Ulster Bank v Fitzgerald and its relationship to the approach of English law, as represented by Barclays...
Persistent link: https://www.econbiz.de/10012984000
This article considers the situation where a family home has been purchased in joint names, without any express declaration of the beneficial interests. The courts have interpreted the applicable equitable doctrines so as to make it very difficult for a defendant to resist a claim by his or her...
Persistent link: https://www.econbiz.de/10012984003
This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in...
Persistent link: https://www.econbiz.de/10012984004
In this Article, I offer a macroeconomic perspective on law that reshapes the microeconomic perspective that currently dominates law and economics. I argue that 1. The economy works one way in ordinary economic conditions, in which supply capacity determines output, and a different way in deep...
Persistent link: https://www.econbiz.de/10012984608
This study analyzes the effectiveness of the Market Abuse Directive (MAD) in reducing possible profits from insider trading during voluntary tender offers with the purpose of delisting initiated by controlling shareholders. Exploiting the quasi-experimental setting provided by the introduction...
Persistent link: https://www.econbiz.de/10012989516
This comment on the legitimacy of intervention has two interrelated parts. The first part is of a general nature and concerns the problem of the justification of legitimate intervention. The second part will address the problem of intervention under conditions of epistemic and normative...
Persistent link: https://www.econbiz.de/10012991746
This paper looks at how the Commodity Futures Trading Commission (CFTC) has implemented its mandate under the Dodd-Frank Act. Although the CFTC has imposed many regulations through notice-and-comment rulemaking under the Administrative Procedure Act (APA), it has also used other methods — such...
Persistent link: https://www.econbiz.de/10013043145
Most international Investors do not have familiarity with political risk insurance. The basic reason is that they do not understand the risks inherent in international investment, and therefore do not realize how these risks can be insured against by PRI. Thus, the article sets out 10 categories...
Persistent link: https://www.econbiz.de/10012920958
This paper aims to inform banks, consumers, researchers, consumer protection organizations and other stakeholders for the importance of these regulations as well as raising some other related issues to be addressed for the protection of mortgage loan consumers. In 2014, EU political reasoning...
Persistent link: https://www.econbiz.de/10012925529
In the famous Morrison v. National Australia Bank case, Justice Scalia mounted an attack on plaintiffs with tenuous connection to U.S. capital markets and attempted to rein in class actions against international corporations. Despite Morrison's broad implications, there is no consensus on its...
Persistent link: https://www.econbiz.de/10012934798