Exploring Private Law

By Elise Bant and Matthew Harding

Law : Estates & Trusts

Cambridge University Press
Publication date: September 2010

ISBN: 9780511796043

Digital Book format: PDF (Adobe DRM)

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Inspired by recent debate, the purpose of this collection of essays on private law doctrines, remedies, and methods is to celebrate and illustrate the contribution that both 'top-down' and 'bottom-up' methods of reasoning make to the development of private law. The contributors explore a variety of topical subjects, including 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.