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Private Law in the 21st Century.
| Call Number: | Libro Electrónico |
|---|---|
| Main Author: | |
| Other Authors: | , |
| Format: | Electronic eBook |
| Language: | Inglés |
| Published: |
London :
Bloomsbury Publishing PLC,
2017.
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| Series: | Hart Studies in Private Law Ser.
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| Subjects: | |
| Online Access: | Texto completo |
Table of Contents:
- Preface; Acknowledgements; Contents; Table of Cases; Table of Legislation; Table of Contributors; Part I: Agendas and Predictions; 1; Private Law as a Complex System: Agendas for the Twenty-First Century; I. Introduction: The State of Instability; II. Overview; III. General Challenges; IV. Statutes, Codes and the Role of the Common Law; V. Complex Systems and Interactions; VI. New Remedies, Technologies and Intangible Interests; VII. Process Challenges and the Privatisation of Justice; VIII. Conclusions; 2; Challenges for Private Law in the Twenty-First Century; I. Introduction.
- II. Keeping Private Law Alive and Thriving in the UniversitiesIII. The Non-Accessibility of the Common Law: Restatements?; IV. Conclusion; 3; Rationalising Tort Law for the Twenty-First Century; I. Introduction; II. Three Proposals to Rationalise the Law of Tort; III. In Place of a Conclusion; 4; The Challenges of Private Law: A Research Agenda for an Autonomy-Based Private Law; I. The Task; II. Autonomy-Based Private Law; III. Internal Challenges; IV. Concluding Remarks; 5; ""The Steaming Lungs of a Pigeon"": Predicting the Direction of Australian Contract Law in the Next 25 Years.
- I. Does Contractual Codification Have a Future in Australia?II. Contract Doctrine: ""Fair Go"" or ""Far to Go""?; III. Digging Around the Taproot of the Common Law Tree; IV. Contract Law: Old Wine in Old Bottles?; Part II: Legislation, Codification and the Role of the Common Law; 6; Codification of Private Law: Scots Law at the Crossroads of Common and Civil law; I. Introduction; II. What Is Codification?; III. For Codification; IV. Against Codification; V. Codification in the Context of the Mixed Legal System of Scotland; VI. What Might a Scottish Civil Code Look Like?
- VII. How Practical Would Codification Be?VIII. What Should Happen to the Doctrine of Precedent?; IX. Comparative Codified Models; X. Conclusions; 7; Power Failure? The Distracting Effect of Legislation on Common Law Torts; I. Introduction; II. No Duty to Care: McKenna in the High Court; III. Weeds, Seeds and Dirty Deeds: Statutory Regulation of GMO and Organic Farming, and Implications for Third Parties: Marsh v Baxter; IV. Section 18C of The Racial Discrimination Act-a Clayton""s Defamation Claim?; V. Conclusion; 8; Constructive Trusteeship: The Perils of Statutory Formulae.
- I. Constructive Trusts in the Marshall IslandsII. The Roles of Statute Law; III. The Disgorgement Theory Perpetuated?; Part III: Complex Systems and Interactions; 9; Fusing the Equitable Function in Private Law; I. The Equitable Function; II. Carrying Fusion Too Far; III. Implications; IV. Conclusion; 10; Dealing with Complexity: Different Approaches to Explaining Accessory Liability; I. Introduction; II. The Framework for Accessory Liability in Accessories in Private Law; III. Alternative Approaches: Davies"" Accessory Liability; IV. Conduct and Causation; V. Knowledge.