Proprietary Remedies In Context
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Remedies in Australian Private Law
Author: Katy Barnett
language: en
Publisher: Cambridge University Press
Release Date: 2018-08-07
The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application. This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies. With its systematic and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law, and to analyse legal problems and identify appropriate remedial solutions.
The Protection of Property Rights Through Tort Law
This book analyses the problems caused by relying on tort law mechanisms to protect tangible property interests in the common law and suggests a new way of thinking to rectify these issues. As English common law relies primarily on tort law for the protection of tangible property interests, property rights are protected by a group of claims that as a whole are informed by a set of concerns that have little to do with the vindication of property rights. The book demonstrates how tort law tends to focus on loss within the case law and argues that this fundamental mismatch wholly undermines the category of property rights, since the protection of property through tort is simultaneously too broad and too narrow. Discussing trespass to goods, trespass to land, private nuisance, conversion, and negligent property damage, the book advances a novel way of re-thinking about the property-protecting torts, far better suited to their unique role within the law. Using cases throughout, the book will be of interest to students, scholars, and practitioners within the fields of property law, tort law, and private law in general.
The Goals of Private Law
Author: Andrew Robertson
language: en
Publisher: Bloomsbury Publishing
Release Date: 2009-11-16
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.