The goals of private law / edited by Andrew Robertson and Tang Hang Wu.
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| Format: | Conference Proceeding Book |
| Language: | English |
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Oxford ; Portland, Or. :
Hart Pub.,
2009.
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Table of Contents:
- Introduction : goals, rights and obligations / Andrew Robertson
- PART I : PRIVATE LAW AND PUBLIC GOALS: The mutually constitutive nature of public and private law / Mayo Moran
- What's private about private law? / William Lucy
- PART II : RIGHTS AND GOALS: The role of duty of care in a rights-based theory of negligence law / Stephen Perry
- The rights of private law / Stephen A. Smith
- The conflict of rights / Robert Stevens
- Causation and the goals of tort law / Donal Nolan
- PART III : THE ROLE OF GOALS IN PRIVATE LAW: Looking outward or looking inward? : obligations scholarship in the early 21st century / Steve Hedley
- Treating like cases alike : principle and classification in private law / Charlie Webb
- Tort law, concepts and what really matters / Roderick Bagshaw
- Constraints on policy-based reasoning in private law / Andrew Robertson
- PART IV : COMMUNITY WELFARE GOALS IN PRIVATE LAW DOCTRINES: Negligent investigation : tort law as police ombudsman / Erika Chamberlain
- Deterrence in private law / Yock Lin Tan
- Justifying fiduciary allowances / Matthew Harding
- Gain-based remedies and the place of deterrence in the law of fiduciary obligations / Anthony Duggan
- The normative foundations of restitution for wrongs : justifying gain-based relief for nuisance / Craig Rotherham
- - PART V : THE GOALS OF UNJUST ENRICHMENT LAW: Just and unjust enrichments / Hanoch Dagan
- The rules of obligations / Emily Sherwin
- Storytelling in the law of unjust enrichment / Tang Hang Wu
- Demolishing the pyramid : the presence of basis and risk-taking in the law of unjust enrichment / Graham Virgo.