Exploring Private Law

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Exploring Private Law

Author : Elise Bant
Publisher : Cambridge University Press
ISBN 13 : 1139491105
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Exploring Private Law by : Elise Bant

Download or read book Exploring Private Law written by Elise Bant and published by Cambridge University Press. This book was released on 2010-09-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Exploring Private Law

Author : Elise Bant
Publisher :
ISBN 13 : 9780511901386
Total Pages : 481 pages
Book Rating : 4.9/5 (13 download)

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Book Synopsis Exploring Private Law by : Elise Bant

Download or read book Exploring Private Law written by Elise Bant and published by . This book was released on 2010 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of original essays from leading scholars explores contemporary issues in private law.

Research Handbook on Private Law Theory

Author : Hanoch Dagan
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971620
Total Pages : 520 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Research Handbook on Private Law Theory by : Hanoch Dagan

Download or read book Research Handbook on Private Law Theory written by Hanoch Dagan and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law.

Exploring Private Law: Remedies

Author : Elise Bant
Publisher :
ISBN 13 : 9780511797620
Total Pages : 481 pages
Book Rating : 4.7/5 (976 download)

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Book Synopsis Exploring Private Law: Remedies by : Elise Bant

Download or read book Exploring Private Law: Remedies written by Elise Bant and published by . This book was released on 2010 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of original essays from leading scholars explores contemporary issues in private law.

English Private Law

Author : Peter Birks
Publisher : Oxford University Press, USA
ISBN 13 : 9780199243334
Total Pages : 1760 pages
Book Rating : 4.2/5 (433 download)

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Book Synopsis English Private Law by : Peter Birks

Download or read book English Private Law written by Peter Birks and published by Oxford University Press, USA. This book was released on 2000 with total page 1760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has become a key point of reference on English private law for lawyers in the UK and throughout the world. Packed within its 2,000 pages users will find a lucid, concise yet immensely authoritative account of all of the key areas of private law. Each section is written by anacknowledged expert, bringing to bear their experience and understanding to provide a clear distillation and analysis of the relevant subject. The second supplement, included in this set, fully updates the main volumes with all developments affecting English Private Law up to January 2004.

Politics, Policy and Private Law

Author : Jodi Gardner
Publisher : Bloomsbury Publishing
ISBN 13 : 1509960988
Total Pages : 281 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Politics, Policy and Private Law by : Jodi Gardner

Download or read book Politics, Policy and Private Law written by Jodi Gardner and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.

Private Law in Theory and Practice

Author : Michael Bryan
Publisher : Routledge
ISBN 13 : 1135391807
Total Pages : 609 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Private Law in Theory and Practice by : Michael Bryan

Download or read book Private Law in Theory and Practice written by Michael Bryan and published by Routledge. This book was released on 2007-03-12 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake and the theory and practice of proprietary remedies in the law of unjust enrichment. Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, social history, political theory as well as doctrinal analysis of the law. In all cases the theoretical approaches are applied to recent case law developments in England, Australia and Canada, or, in the case of tort law, proposals in all these jurisdictions to reform the law. The book presents the theory of private law and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers.

The Goals of Private Law

Author : Andrew Robertson
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317189
Total Pages : 526 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Goals of Private Law by : Andrew Robertson

Download or read book The Goals of Private Law written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2009-11-16 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.

Beyond the State

Author : Nils Jansen
Publisher :
ISBN 13 : 9783161498626
Total Pages : 0 pages
Book Rating : 4.4/5 (986 download)

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Book Synopsis Beyond the State by : Nils Jansen

Download or read book Beyond the State written by Nils Jansen and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Private law beyond the state" is a topic that is fashionable, important, and widely discussed. Yet it presents so many different aspects and perspectives that it has, so far, remained remarkably poorly understood. This volume brings together contributions of leading scholars from the United States, Israel and Germany exploring the topic from different perspectives: legal history, law and economics, legal sociology, private international law, and legal anthropology. Contributors: Marietta Auer, Jürgen Basedow, Charles Donahue, Jr., Hanoch Dagan, James Gordley, Hans-Peter Haferkamp, Nils Jansen, Susanne Lepsius, Ralf Michaels, Annelise Riles, Florian Rödl, Chaim Saiman, David V. Snyder, Gunther Teubner, Christiane C. Wendehorst and Peer Zumbansen

Legal Fictions in Private Law

Author : Liron Shmilovits
Publisher : Cambridge University Press
ISBN 13 : 1316519473
Total Pages : 259 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Legal Fictions in Private Law by : Liron Shmilovits

Download or read book Legal Fictions in Private Law written by Liron Shmilovits and published by Cambridge University Press. This book was released on 2022-01-06 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an algorithmic solution to the problem of legal fictions: enter a fiction and find the answer.

Private Law, Nudging and Behavioural Economic Analysis

Author : Antonis Karampatzos
Publisher : Routledge
ISBN 13 : 9781003014652
Total Pages : 0 pages
Book Rating : 4.0/5 (146 download)

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Book Synopsis Private Law, Nudging and Behavioural Economic Analysis by : Antonis Karampatzos

Download or read book Private Law, Nudging and Behavioural Economic Analysis written by Antonis Karampatzos and published by Routledge. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Offering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy. It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy maker. There is a third path, namely the 'mandated-choice model'. The book is dedicated to presenting this model and exploring its great potential. Contract law, consumer protection, products safety and regulatory problems such as organ donation or excessive borrowing are the setting for the discussion. Familiarising the reader with a hot debate on paternalism, behavioural economics and private law, this book takes a further step and links this behavioural law and economics discussion with philosophical considerations to shed a light on modern challenges, such as organ donation or consumers protection, by adopting an openly interdisciplinary approach. The book will be of interest to students and scholars of contract law, legal systems, behavioural law and economics, and consumer law"--

The Confluence of Public and Private International Law

Author : Alex Mills
Publisher : Cambridge University Press
ISBN 13 : 1139479733
Total Pages : 463 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Confluence of Public and Private International Law by : Alex Mills

Download or read book The Confluence of Public and Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2009-07-02 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.

The Goals of Private Law

Author : Andrew Robertson
Publisher :
ISBN 13 : 9781472560629
Total Pages : 516 pages
Book Rating : 4.5/5 (66 download)

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Book Synopsis The Goals of Private Law by : Andrew Robertson

Download or read book The Goals of Private Law written by Andrew Robertson and published by . This book was released on 2009 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and.

Water Law

Author : Robin Kundis Craig
Publisher :
ISBN 13 : 9781634603133
Total Pages : 0 pages
Book Rating : 4.6/5 (31 download)

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Book Synopsis Water Law by : Robin Kundis Craig

Download or read book Water Law written by Robin Kundis Craig and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.

Revolution and Evolution in Private Law

Author : Sarah Worthington
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913254
Total Pages : 390 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Revolution and Evolution in Private Law by : Sarah Worthington

Download or read book Revolution and Evolution in Private Law written by Sarah Worthington and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of private law across the common law world is typically portrayed as a series of incremental steps, each one delivered as a result of judges dealing with marginally different factual circumstances presented to them for determination. This is said to be the common law method. According to this process, change might be assumed to be gradual, almost imperceptible. If this were true, however, then even Darwinian-style evolution – which is subject to major change-inducing pressures, such as the death of the dinosaurs – would seem unlikely in the law, and radical and revolutionary paradigms shifts perhaps impossible. And yet the history of the common law is to the contrary. The legal landscape is littered with quite remarkable revolutionary and evolutionary changes in the shape of the common law. The essays in this volume explore some of the highlights in this fascinating revolutionary and evolutionary development of private law. The contributors expose the nature of the changes undergone and their significance for the future direction of travel. They identify the circumstances and the contexts which might have provided an impetus for these significant changes. The essays range across all areas of private law, including contract, tort, unjust enrichment and property. No area has been immune from development. That fact itself is unsurprising, but an extended examination of the particular circumstances and contexts which delivered some of private law's most important developments has its own special significance for what it might indicate about the shape, and the shaping, of private law regimes in the future.

Advanced Introduction to Private Law

Author : Jan M. Smits
Publisher : Edward Elgar Publishing
ISBN 13 : 1784715131
Total Pages : 140 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Advanced Introduction to Private Law by : Jan M. Smits

Download or read book Advanced Introduction to Private Law written by Jan M. Smits and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, one of the world’s leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches – on contract, tort, property, family and inheritance – are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.

The Cambridge Companion to European Union Private Law

Author : Christian Twigg-Flesner
Publisher : Cambridge University Press
ISBN 13 : 1107493978
Total Pages : 381 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis The Cambridge Companion to European Union Private Law by : Christian Twigg-Flesner

Download or read book The Cambridge Companion to European Union Private Law written by Christian Twigg-Flesner and published by Cambridge University Press. This book was released on 2010-05-20 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this 2010 Companion, leading scholars provide a critical introduction to the subject's key areas, while offering original and thought-provoking comment on the field. In addition to several chapters on consumer law topics, the collection has individual chapters on commercial contracts, competition law, non-discrimination law, financial services and travel law. It also discusses the wider issues concerning EU Private Law, such as its historical evolution, the role of comparative law, language and terminology, as well as the implications of the Common Frame of Reference project. A useful 'scene-setting' introduction and further reading arranged thematically make this important publication the student's and scholar's first port of call when exploring the field.