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  • 标题:Donald Trump’s Golf Resort in Aberdeenshire, Scotland: The ‘Greatest’ Incomplete Planning Disaster in the World?
  • 本地全文:下载
  • 作者:William Walton ; William Walton
  • 期刊名称:Oslo Law Review
  • 印刷版ISSN:2387-3299
  • 出版年度:2019
  • 卷号:5
  • 期号:03
  • 页码:175-196
  • DOI:10.18261/issn.2387-3299-2018-03-03
  • 出版社:University of Oslo
  • 摘要:In 2006, Donald Trump submitted a planning application to transform an area of protected dunes and open countryside along the coast of north-east Scotland into a major golf and leisure resort. He claimed the golf course would be the greatest in the world and would transform the region’s oil economy. Citing the economic benefits, the Scottish Government approved the project in 2008. Trump has constructed the golf course but has failed to deliver the hotel and other elements of the project. Against the backdrop of planning deregulation, the paper examines why the officials failed to include appropriate planning conditions to ensure delivery of the project and prevent a great incomplete planning disaster. Recognising the limitations of current public law enforcement mechanisms, it invokes concepts borrowed from contract law. Holding that Trump is in breach of contract and has benefitted from unjust enrichment, it broaches the possibility of applying damages, restitution and specific performance as alternative remedies.
  • 关键词:Trump;golf resort;planning disaster;environmental protection;contract law;unjust enrichment;remedies for incomplete project.
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