Exploring private law / edited by Elise Bant and Matthew Harding.

Format:

Book

Contributor:

Bant, Elise, editor.

Harding, Matthew, 1974- editor.

Language:

English

Subjects (All):

Civil law.

Comparative law.

Physical Description:

1 online resource (xliv, 481 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2010.

System Details:

text file

PDF

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.

Contents:

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 Häcker

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.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511779213

Access Restriction:

Restricted for use by site license.