Exploring Private Law

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.

Elise Bant is an associate professor in the Melbourne Law School at the University of Melbourne, and an Honorary Fellow of the University of Western Australia. Matthew Harding is a senior lecturer in the Melbourne Law School at the University of Melbourne.