Exploring Private Law [Paperback]

This collection of original essays from leading scholars explores contemporary issues in private law.This collection of essays by leading private law scholars makes an important contribution to the literature on: contract; tort; unjust enrichment; equity and trusts; property/land law; and judicial method. It will appeal to academics, judges, practitioners and students with an interest in private law doctrines, remedies, and methods.This collection of essays by leading private law scholars makes an important contribution to the literature on: contract; tort; unjust enrichment; equity and trusts; property/land law; and judicial method. It will appeal to academics, judges, practitioners and students with an interest in private law doctrines, remedies, and methods.Exploring Private Law presents a collection of essays, by leading scholars from across the world, on private law doctrines, remedies, and methods. The overarching purpose of the collection, inspired by recent debate, is to celebrate and illustrate the contribution that both top-down' and bottom-up' methods of reasoning make to the development of private law. With that purpose in mind, the contributors to the collection explore a range of topics of current interest: 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.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 Restitul£)