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Spencer Bower, Turner and Handley - Res Judicata, 4th Edition

This is the most authoritative and comprehensive book available on the limitations imposed by the doctrine of Res Judicata . First published in the 1920s, this frequently cited work ensures readers understand how the doctrine of Res Judicata is enforced and also how it does not apply. It gives essential information on what constitutes a Res ...



Publisher: LNUK
Country: United Kingdom
Format: Hardcover Book
Publication Language: English
ISBN: 9781405726733
Publication Date: 2009-01-01
 
Price: $574.56
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    This is the most authoritative and comprehensive book available on the limitations imposed by the doctrine of Res Judicata. First published in the 1920s, this frequently cited work ensures readers understand how the doctrine of Res Judicata is enforced and also how it does not apply. It gives essential information on what constitutes a Res Judicata decision, how judicial decisions apply in rem and in personam, in taxation and rating cases, in criminal cases (autrefois acquit), in matrimonial cases, in prima facie cases of estoppel and in merger judgments. The text is fully supported by extensive footnotes and appropriate cases to demonstrate each point.

    PART 1 - Res Judicata Estoppel
    1. Preliminary
    2. What in Law Constitutes a Res Judicata
    3. Proof of the Judicial Decision
    4. Jurisdiction
    5. Finality
    6. Decision on the Merits
    7. The Subject Matter of the Judicial Decision
    8. Parties I: Judicial Decisions in Personam
    9. Parties II: Judicial Decisions in Rem
    10. The Rule in Hollington v. Hewthorn
    11. Running-Down Cases
    12. Taxation and Rating Cases
    13. The Plea of Autrefois Acquit
    14. Res Judicata Estoppels in Matrimonial Proceedings
    15. Administrative Law and Judicial Review
    16. Affirmative Answers to Prima Facie Case of Estoppel
    17. Pleading and Procedure

    PART 2 - Merger in Judgment
    18. Preliminary
    19. What Constitutes a Former Recovery
    20. Merger in Judgment: Proof, Jurisdiction and Finality
    21. Merger in Judgment: Identity of Causes in Action
    22. Merger in Judgment: Identity of Parties
    23. The Plea of Autrefois Convict
    24. Merger in Judgment: Affirmative Answers
    25. Merger in Judgment: Pleading and Procedure
    26. The Extended Doctrine of Res Judicata
    27. Res Judicata in Roman Law

     

    The Honourable Mr. Justice K.R. Handley


     

Products to Consider

The Doctrine of Res Judicata in Canada, 3rd Edition
The book's analysis, terminology and description of the law have been adopted by the Supreme Court of Canada, and have been cited on numerous occasions by courts and tribunals across Canada. The text provides a comprehensive distillation of the res judicata doctrine that has evolved in 200 years of Canadian jurisprudence.

 
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