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This book challenges the orthodox understanding of the expectation principle, as famously laid down by Parke B in Robinson v Harman, and proposes a new account of the money awards provided in response to breach of contract.
Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers.
Enrichment is key to understanding the law of unjust enrichment and restitution.This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards.
While some defences to liability recognised in the law of torts have been explored in detail, the theoretical foundations of defences generally have received scant attention. This book attempts to fill this gap.
Based on author's thesis (doctoral - Deakin University, Australia, 2015) issued under title: Negligence and the wrongdoing plaintiff: a corrective justice analysis.
This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges that are likely to face private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law''s unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, ''vindication'' and ''personal choice''. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work will be an important source of inspiration and reference to private lawyers, as well as legislators, policy-makers and students.
Although much equitable doctrine is settled, there remain some intractable problems that bedevil lawyers across jurisdictions. Here, leading scholars and practitioners from England, Australia and New Zealand employ new historical, comparative and theoretical perspectives to cast light on these fault lines in equitable doctrine and methodology.
Based on author's thesis (doctoral - University of Oxford, 2014).
This completely revised and expanded second edition has chapters on Public Authority Liability, Privacy and Autonomy Rights, Land Torts and Death.
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