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Exploring Private Law - Elise Bant

Exploring Private Law

By: Elise Bant (Editor), Matthew Harding (Editor)

Hardcover

Published: 2nd September 2010
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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.

About the Author

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.

List of Contributorsp. x
Forewordp. xii
Acknowledgmentsp. xvi
Table of Casesp. xvii
Table of Legislationp. xl
Introductionp. 1
Methodp. 17
Do top-down and bottom-up reasoning ever meet?p. 19
Internationalization or isolation: the Australian cul de sac? The case of contract lawp. 41
The Australian law of restitution: has the High Court lost its way?p. 67
Privacy and private law: developing the common law of Australiap. 86
Towards legal pragmatism: breach of confidence and the right to privacyp. 109
Teaching trust law in the twenty-first centuryp. 125
Unjust enrichmentp. 151
The impact of legal culture on the law of unjustified enrichment: the role of reasonsp. 153
Natural obligations and unjust enrichmentp. 175
Causality and abstraction in the common lawp. 200
Trust and theftp. 223
Equity and trustsp. 247
What is left of equity's relief against forfeiture?p. 249
Contracts, fiduciaries and the primacy of the dealp. 275
Four fiduciary puzzlesp. 298
Good faith: what does it mean for fiduciaries and what does it tell us about them?p. 319
Trustees' duties to provide informationp. 343
Remediesp. 361
The measurement of compensation claims against trustees and fiduciariesp. 363
Substitutability and disorgement damages in contractp. 377
Unconscionability and proprietary estoppel remediesp. 402
Partial rescission: disentangling the seedlings but not transplanting themp. 427
Of horses and carts: theories of indefeasibility and category errors in the Torrens systemp. 446
Indexp. 468
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521764353
ISBN-10: 0521764351
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 524
Published: 2nd September 2010
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.8 x 15.9  x 2.9
Weight (kg): 0.968