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Date: Wed, 20 Dec 2006 09:44:19 +1100

From: Andrew Robertson

Subject: Bryan (ed), Private Law in Theory and Practice

 

A collection of essays from the Obligations II conference held in Melbourne in 2004 has just been published. Publication of the book was delayed by the Cavendish-Routledge merger, but it is now available. The details are:

Michael Bryan (ed), Private Law in Theory and Practice, Routledge-Cavendish (2007)

 

PART I - Principle and policy

1. Private right and public interest STEPHEN WADDAMS

 

PART 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

 

PART 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 assumptions CATHERINE VALCKE

 

PART 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

 

 


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