1st Edition

Private Law in Theory and Practice

Edited By Michael Bryan Copyright 2007
336 Pages
by Routledge-Cavendish

336 Pages
by Routledge-Cavendish

336 Pages
by Routledge-Cavendish

Private Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake... Read more

Introduction  Part 1: Principle and Policy  Private Right and Public Interest Stephen Waddams  Part 2: Tort Law Policy  Policy and Principle in Tort Law Peter Cane  Taking Disagreement Seriously: Courts, Legislatures and the Reform of Tort Law Harold Luntz  The Use of Policy in Negligence Cases in the High Court of Australia  Harold Luntz  The High Court and Social Facts: A Negligence Case Study Kylie Burns  Part 3: Issues in Contract Law  Reconfiguring Mistake in Contract Formation David Capper The Standard of Good Faith Performance: Reasonable Expectations and Community Standards Jeannie Marie Paterson  Some Thoughts on the Comparative Jurisprudence of Mistakes in Assumption Catherine Valcke  Part 4: Certainty and Discretion in Property, Equity and Unjust Enrichment Estoppel, Discretion and the Nature of the Estoppel  Equity Elizabeth Cooke Unconscionability, Constructive Trusts and Proprietary Estoppel Nicholas Hopkins  Constructive Trusts from a Law and Economics Perspective Anthony Duggan  The Criteria for the Award of Proprietary Remedies: Rethinking the Proprietary Base Michael Bryan  Change of Position, Good Faith and Unconscionability Susan Barkehall Thomas

 

 

 

 

 

Biography

Michael Bryan is Professor of Law at the University of Melbourne. He has researched and published extensively in the areas of equity, trusts and restitution, including The Law of Non-Disclosure (with A Duggan and F Hanks, Longmans, 1995) and contributed a chapter to The Law of Obligations: Connections and Boundaries (UCL Press, 2003).