Exploring private law / edited by Elise Bant and Matthew Harding.
2010
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Title
Exploring private law / edited by Elise Bant and Matthew Harding.
Added Author
Imprint
Cambridge : Cambridge University Press, 2010.
Description
1 online resource (xliv, 481 pages) : digital, PDF file(s)
Formatted Contents Note
Do top-down and bottom-up reasoning ever meet? / Keith Mason
Internationalization or isolation : the Australian cul de sac? The case of contract law / Paul Finn
Australian law of restitution : has the High Court lost its way? / Andrew Burrows
Privacy and private law : developing the common law of Australia / Michael Tilbury
Towards legal pragmatism : breach of confidence and the right to privacy / Megan Richardson
Teaching trust law in the twenty-first century / Tang Hang Wu
Impact of legal culture on the law of unjustified enrichment : the role of reasons / Helen Scott and Daniel Visser
Natural obligations and unjust enrichment / Mitchell McInnes
Casualty and abstraction in the common law / Birke Ha⁺cker
Trust and theft / Robert Chambers
What is left of equity's relief against forfeiture? / Sarah Worthington
Contracts, fiduciaries and the primacy of the deal / Anthony Duggan
Four fiduciary puzzles / James Edelman
Good faith : what does it mean for fiduciaries and what does it tell us about them? / Richard Nolan and Matthew Conaglen
Trustees' duties to provide information / Lusina Ho
Measurement of compensation claims against trustees and fiduciaries / Lionel Smith
Substitutability and disgorgement damages in contract / Katy Barnett
Unconscionability and proprietary estoppel remedies / Andrew Robertson
Partial rescission : disentangling the seedlings but not transplanting them / Peter Watts
Of horses and carts : theories of indefeasibility and categoy errors in the Torrens system / Kelvin FK Low.
Internationalization or isolation : the Australian cul de sac? The case of contract law / Paul Finn
Australian law of restitution : has the High Court lost its way? / Andrew Burrows
Privacy and private law : developing the common law of Australia / Michael Tilbury
Towards legal pragmatism : breach of confidence and the right to privacy / Megan Richardson
Teaching trust law in the twenty-first century / Tang Hang Wu
Impact of legal culture on the law of unjustified enrichment : the role of reasons / Helen Scott and Daniel Visser
Natural obligations and unjust enrichment / Mitchell McInnes
Casualty and abstraction in the common law / Birke Ha⁺cker
Trust and theft / Robert Chambers
What is left of equity's relief against forfeiture? / Sarah Worthington
Contracts, fiduciaries and the primacy of the deal / Anthony Duggan
Four fiduciary puzzles / James Edelman
Good faith : what does it mean for fiduciaries and what does it tell us about them? / Richard Nolan and Matthew Conaglen
Trustees' duties to provide information / Lusina Ho
Measurement of compensation claims against trustees and fiduciaries / Lionel Smith
Substitutability and disgorgement damages in contract / Katy Barnett
Unconscionability and proprietary estoppel remedies / Andrew Robertson
Partial rescission : disentangling the seedlings but not transplanting them / Peter Watts
Of horses and carts : theories of indefeasibility and categoy errors in the Torrens system / Kelvin FK Low.
Summary
Inspired by recent debate, the purpose of this collection of essays on private law doctrines, remedies and methods is to celebrate and illustrate the contribution that both 'top-down' and 'bottom-up' methods of reasoning make to the development of private law. The contributors explore a variety of topical subjects, including 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.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511779213 ebook
9780521764353 (hardback)
9781107617469 (paperback)
9780521764353 (hardback)
9781107617469 (paperback)
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