Fr. 76.00

Exploring Private Law

English · Paperback / Softback

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Informationen zum Autor 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 is a Senior Lecturer in the Melbourne Law School at the University of Melbourne. Klappentext This collection of original essays from leading scholars explores contemporary issues in private law. Zusammenfassung This collection of essays by leading private law scholars makes an important contribution to the literature on: contract; tort; unjust enrichment; equity and trusts; property/land law; and judicial method. It will appeal to academics! judges! practitioners and students with an interest in private law doctrines! remedies and methods. Inhaltsverzeichnis 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....

Product details

Authors Elise Bant, Elise Harding Bant
Assisted by Elise Bant (Editor), Bant Elise (Editor), Matthew Harding (Editor)
Publisher Cambridge University Press ELT
 
Languages English
Product format Paperback / Softback
Released 22.08.2013
 
EAN 9781107617469
ISBN 978-1-107-61746-9
No. of pages 526
Subjects Social sciences, law, business > Law > International law, foreign law

England, Wales, LAW / Estates & Trusts, contract law, Private or civil law: general, Equity & Trusts, Private / Civil law: general works, Torts / Delicts

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