| Job Title | Contact | Location |
|---|---|---|
| Professor of Commercial Law |
Duncan dot Sheehan at uea dot ac dot uk
Tel: +44 (0)1603 59 3255 |
Blackdale Annex 0.29 |
Duncan Sheehan specialises in chancery law subjects. He joined the Law School in September 2001 after seven years of undergraduate and postgraduate study at Oxford, and was promoted to Senior Lecturer in August 2006. He was appointed to a personal chair in November 2011. Duncan's doctoral thesis, entitled "Mistakes of Law", focused on the historical development of the mistake of law bar, its eventual abolition in 1998, and the impact of that change on the future of the law of restitution. He is a member of the Society of Legal Scholars, and SLS Council Representative for the Law School, as well as a member of SLS research committee and restitution section convenor for 2011-2014. He is currently deputy Head of School and Director of Research, having previously acted as Director of Admissions.
Duncan would welcome research students in the areas of restitution, including its foundational theory, contract and personal property law, as well as private law taxonomy. His Bepress site can be found here.
Research interests:
Restitution, property law, especially trusts and personal property security law, contract.
Books
The Principles of Personal Property Law (Hart Oxford 2011)
Chapters in Books
"Implied Contract and the Taxonomy of Unjust Enrichment" in P Giliker (ed) Re-Examining Contract and Unjust Enrichment (Martinus Nijhoff Brill Leiden 2007) 185-212
"Subtractive and Wrongful Enrichment: Identifying Gain in the Law of Restitution" in C Rickett (ed) Justifying Private Law Remedies (Hart Publishing Oxford 2008) 333-362
'Mistaken Overpayments of Tax' in S Ellliott, B Haecker & C Mitchell (eds) Restitution of Overpaid Tax (Hart Publishing Oxford 2013) 47-70
Journal Articles
"What is a Mistake?" (2000) 20 LS 538-565
"Unconscionability and Mistake in the Court of Appeal" [2001] JBL 107-113
"Proprietary Remedies for Mistake and Ignorance: An Unseen Equivalence" [2002] RLR 69-87
"Rights to Rectify the Land Register as Interests in Land" (2003) 119 LQR 31-34
"Vitiation of Contracts for Mistake and Misrepresentation of Law" [2003] RLR 26-45
"Change of Position in Insolvency" [2004] CLJ 41-44
"Natural Obligations in English Law" [2004] LMCLQ 172-196
"Rights of Recourse in Documentary (and Other) Credit Transactions" [2005] JBL 326-345
"Information Tracing Remedies and the Remedial Constructive Trust" [2005] RLR 82-101
"Prospective Overruling and the Fixed-Floating Charge Debate" (2006) 122 LQR 20-25 (with Arvind Thattai)
"Negotiorum Gestio: A Civilian Concept in the Common Law?" (2006) 55 ICLQ 253-279
"Equitable Fraud in Non-Contractual Agreements over Land" (2007) 18 King's LJ 168-178
"Disentangling Equitable Personal Liability for Receipt and Assistance" [2008] RLR 41-62
"The Origins of the Mistake of Law Bar in English Law" NLSWP 08/01
"Unjust Factors or Restitution of Transfers Sine Causa" (2008) Oxford University Comparative Law Forum 1
"Competition Law meets Restitution for Wrongs" (2009) 125 LQR 222-226
"Reconsidering the Defence of Illegality in Unjust Enrichment" [2009] LMCLQ 319-343
"Tracing the Modern Criticism of the Mistake of Law Bar" NLSWP 09/01
"The Abolition of Bills of Sale in Consumer Lending" (2010) 126 LQR 335-339
"The Law Commission on Illegality: The End (at Last) of the Saga'" [2010] LMCLQ 543-548
"Property in a Fund, Tracing and Unjust Enrichment" (2010) 4 Journal of Equity 225-246
"The Property Principle and the Structure of Unjust Enrichment" [2011] RLR 138-159
"Resulting Trusts, Sine Causa and the Structure of Proprietary Restitution" (2011) 11 Oxford University Commonwealth LJ 1-27
"The Bills of Sale and Company Charges Consultations: An Opportunity Missed?" (2011) 26 Journal of International Banking and Financial Law 347-348
'Passing On, Indirect Purchasers and Loss Allocation between Claimants' [2012] LMCLQ 261-288
Conference Papers
Duncan's conference papers include
"The Instance and Effect of Natural Obligations in English Law" SLS Annual Conference Oxford 2003
"Implied Contract and the Taxonomy of Unjust Enrichment" BACS Conference on Comparative Perspectives on Contract and Unjust Enrichment June 2006
"Subtractive and Wrongful Enrichment: Identifying Gain in the Law of Restitution" Obligations III Conference University of Queensland Brisbane July 2006
"Disentangling Equitable Personal Liability for Receipt and Assistance" SLS Annual Conference Durham 2007
"Reconsidering the Defence of Illegality in Unjust Enrichment" Obligations IV Conference, National University of Singapore, July 2008
"Mistaken Overpayments of Tax" at Overpaid Tax Conference, Merton College Oxford July 2010; a previous version was presented at the SLS Annual Conference at Keele University in September 2009
"The Property Principle and the Structure of Unjust Enrichment" Obligations V Conference, St Anne's College Oxford July 2010
"Resulting Trusts, Sine Causa and the Scope of Proprietary Restitution" SLS Annual Conference Southampton September 2010
"Realism, Interpretivism and Taxonomy" (with TT Arvind) SLS annual Conference Bristol September 2012
Restitution, Commercial Law, Trusts.
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