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Exploring Private Law

Exploring Private Law

Author: Elise Bant; Matthew Harding
Publisher: Cambridge University Press
ISBN: 9780521764353
Published In: September 2010
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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:: 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.