- Bib ID:
- 4084108
- Format:
- Book
- Online Version:
- Table of contents only
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- Description:
-
- Milton Park, Abingdon, UK ; New York : Routledge-Cavendish, 2007
- viii, 321 p. ; 24 cm.
- ISBN:
-
- Summary:
-
"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, and the theory and practice of proprietary remedies in the law of unjust enrichment." "The book aims to present the theory of private law, and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers."--BOOK JACKET.
- Full contents:
-
- Pt. I. Principle and policy
- 1. Private right and public interest / Stephen Waddams
- Pt. II. Tort law policy
- 2. Taking disagreement seriously : courts, legislatures and the reform of tort law / Peter Cane
- 3. The use of policy in negligence cases in the High Court of Australia / Harold Luntz
- 4. The High Court and social facts : a negligence case study / Kylie Burns
- Pt. III. Issues in contract law
- 5. Reconfiguring mistake in contract formation / David Capper
- 6. The standard of good faith performance : reasonable expectations or community standards? / Jeannie Marie Paterson
- 7. Some thoughts on the comparative jurisprudence of mistakes in assumption / Catherine Valcke
- Pt. IV. Certainty and discretion in property, equity and unjust enrichment
- 8. Estoppel, discretion and the nature of the estoppel equity / Elizabeth Cooke
- 9. Unconscionability, constructive trusts and proprietary estoppel / Nicholas Hopkins
- 10. Constructive trusts from a law and economics perspective / Anthony Duggan
- 11. The criteria for the award of proprietary remedies : rethinking the proprietary base / Michael Bryan
- 12. Change of position, good faith and unconscionability / Susan Barkehall-Thomas.
- Notes:
- Includes bibliographical references and index
- Subject:
-
- Other authors/contributors:
- Bryan, Michael
- Copyright:
-
In Copyright
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Copyright status was determined using the following information:
- Material type:
- Literary, dramatic or musical work
- Published status:
- Published
- Publication date:
- 2007
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