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Exploring Private Law

$36.00 (0) USD

Elise Bant, Matthew Harding, Keith Mason, Paul Finn, Andrew Burrows, Michael Tilbury, Megan Richardson, Tang Hang Wu, Helen Scott, Daniel Visser, Mitchell McInnes, Birke Häcker, Robert Chambers, Sarah Worthington, Anthony Duggan, James Edelman, Richard Nolan, Matthew Conaglen, Lusina Ho, Lionel Smith, Katy Barnett, Andrew Robertson, Peter Watts, Kelvin Low
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About the Authors
  • Exploring Private Law presents a collection of essays, by leading scholars from across the world, on private law doctrines, remedies, and methods. The overarching purpose of the collection, inspired by recent debate, is to celebrate and illustrate the contribution that both ‘top-down' and ‘bottom-up' methods of reasoning make to the development of private law. With that purpose in mind, the contributors to the collection explore a range of topics of current interest: judicial approaches to ‘top-down' and ‘bottom-up' methods; teaching trusts law; the protection of privacy in private law; the development of the law of unjust enrichment; the private law consequences of theft; equity's jurisdiction to relieve against forfeiture; the nature of fiduciary relationships and obligations; the duties of trustees; compensation and disgorgement remedies; partial rescission; the role of unconscionability in proprietary estoppel; and the nature of registered title to land.

    • Essays from leading private law scholars present original and authoritative contributions on cutting-edge issues in private law
    • Exploration of important topics in contract, tort, unjust enrichment, equity and trusts, and property/land law, across both common and civil law
    • Examines the controversy over judicial method in private law in the common law world, an increasingly relevant issue in light of the developing stance of the High Court of Australia against 'top-down' reasoning in private law
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    Product details

    • Date Published: September 2010
    • format: Adobe eBook Reader
    • isbn: 9780511796043
    • contains: 2 b/w illus.
    • availability: Adobe Reader ebooks available from eBooks.com
  • Table of Contents

    Introduction Elise Bant and Matthew Harding
    Part I. Method:
    1. Do top-down and bottom-up reasoning ever meet? Keith Mason
    2. Internationalisation or isolation: the Australian cul de sac? The case of contract law Paul Finn
    3. The Australian Law of Restitution: has the High Court lost its way? Andrew Burrows
    4. Privacy and private law: developing the common law of Australia Michael Tilbury
    5. Towards legal pragmatism: breach of confidence and the right to privacy Megan Richardson
    6. Teaching trust law in the twenty-first century Tang Hang Wu
    Part II. Unjust Enrichment:
    7. The impact of legal culture on the law of unjustified enrichment: the role of reasons Helen Scott and Daniel Visser
    8. Natural obligations and unjust enrichment Mitchell McInnes
    9. Causality and abstraction in the common law Birke Häcker
    10. Trust and theft Robert Chambers
    Part III. Equity and Trusts:
    11. What is left of equity's relief against forfeiture? Sarah Worthington
    12. Contracts, fiduciaries and the primacy of the deal Anthony Duggan
    13. Four fiduciary puzzles James Edelman
    14. Good faith: what does it mean for fiduciaries and what does it tell us about them? Richard Nolan and Matthew Conaglen
    15. Trustees' duties to provide information Lusina Ho
    Part IV. Remedies:
    16. The measurement of compensation claims against trustees and fiduciaries Lionel Smith
    17. Substitutability and disgorgement damages in contract Katy Barnett
    18. Unconscionability and proprietary estoppel remedies Andrew Robertson
    19. Partial rescission: disentangling the seedlings but not transplanting them Peter Watts
    20. Of horses and carts: theories of indefeasibility and category errors in the Torrens system Kelvin Low.

  • Editors

    Elise Bant, University of Melbourne
    Elise Bant is an Associate Professor in the Melbourne Law School at the University of Melbourne and an Honorary Fellow of the University of Western Australia.

    Matthew Harding, University of Melbourne
    Matthew Harding is a Senior Lecturer in the Melbourne Law School at the University of Melbourne.

    Contributors

    Elise Bant, Matthew Harding, Keith Mason, Paul Finn, Andrew Burrows, Michael Tilbury, Megan Richardson, Tang Hang Wu, Helen Scott, Daniel Visser, Mitchell McInnes, Birke Häcker, Robert Chambers, Sarah Worthington, Anthony Duggan, James Edelman, Richard Nolan, Matthew Conaglen, Lusina Ho, Lionel Smith, Katy Barnett, Andrew Robertson, Peter Watts, Kelvin Low

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