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

Cambridge ; New York ; Cambridge ; New York ; Cambridge University Press, 2010

1st edition

78516

Civil law.

I METHOD

1 Do top-down and bottom-up reasoning ever meet?

2 Internationalization or isolation: the Australian cul de sac? The case of contract law

3 The Australian law of restitution: has the high court lost its way?

4 Privacy and private law: developing the common law of Australia

5 Towards legal pragmatism: breach of confidence and the right to privacy

6 Teaching trust law in the twenty-first century

II Unjust enrichment

7 The impact of legal culture on the law of unjustified enrichment: the role of reasons

8 Natural obligations and unjust enrichment

9 Causality and abstraction in the common law '

10 Trust and theft

III Equity and trusts

11 What is left of equity's relief against forfeiture

12 Contracts, fiduciaries and the primary of the deal

13 Four fiduciary puzzles

14 Good faith: what does it mean for fiduciaries and what does it tell us about them?

15 Trustees' duties to provide information

IV Remedies

16 The measurement of compensation claims against trustees and fiduciaries

17 Substitutability and disgorgement damages in contract

18 Unconscionability and proprietary estoppel remedies

19 Partial rescission: disentangling the seedlings but not transplanting them

20 Of horses and carts: theories of indefeasibility and category errors in the Torrens system

Includes bibliographical references and index.

978052176353

xliv, 481 p. : ill. ; 24 cm