Exploring Private Law by Elise Bant, Matthew Harding

By Elise Bant, Matthew Harding

Exploring deepest legislations offers a suite of essays, through major students from internationally, on inner most legislation doctrines, treatments, and strategies. The overarching function of the gathering, encouraged through fresh debate, is to rejoice and illustrate the contribution that either 'top-down' and 'bottom-up' equipment of reasoning make to the advance of non-public legislation. With that objective in brain, the participants to the gathering discover various subject matters of present curiosity: judicial methods to 'top-down' and 'bottom-up' tools; instructing trusts legislation; the safety of privateness in deepest legislations; the improvement of the legislation of unjust enrichment; the non-public legislation outcomes of robbery; equity's jurisdiction to alleviate opposed to forfeiture; the character of fiduciary relationships and responsibilities; the tasks of trustees; reimbursement and disgorgement treatments; partial rescission; the function of unconscionability in proprietary estoppel; and the character of registered identify to land.

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At the end of his essay, Burrows notes that the High Court has recently restated its criticisms of unjust enrichment reasoning in Bofinger v Kingsway Group Ltd [2009] HCA 44. 14 She argues that the common law, by refusing to theorize the privacy interest, has been able to remain responsive to that interest – whatever it might be – notwithstanding rapid technological, social and even moral change. 16 Part I concludes with an essay tackling questions of method in quite a different, and novel, way.

However, what Duggan approaches from a functionalist perspective, Edelman approaches using tools of doctrinal analysis. The lesson of the third essay on fiduciaries in Part III is simple: context is everything. Richard Nolan and Matthew Conaglen begin by drawing a distinction between requirements that apply to fiduciaries and only to fiduciaries – the conflicts rules – and requirements that apply to fiduciaries and non-fiduciaries alike but whose content varies depending on whether or not the person to whom they apply has given a fiduciary undertaking.

The book aims to honour Michael by exploring those areas of private law that have long dominated the intellectual landscape of his teaching and research activities. The terrain is expansive, ranging over many difficult and overlapping areas often classified in the classroom as falling within the law of contract, tort, unjust enrichment, equity and trusts, remedies and property. 1 This fluidity 1 200. 1 2 Bant and Harding of legal categories is reflected in the book, and many of the essays extend across classroom classifications.

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