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Vol 22 No 1 Jan/Feb 2017

Book of the Month

Cover of Fiduciary Obligations: 40th Anniversary Republication with Additional Essays

Fiduciary Obligations: 40th Anniversary Republication with Additional Essays

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Private Law and Power

Edited by: Kit Barker, Simone Degeling, Karen Fairweather, Ross Grantham

ISBN13: 9781509905997
Published: November 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00



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This aim of this edited collection of essays is to examine the relationship between private law and power - both the public power of the state and the 'private' power of institutions and individuals.

Its objectives are to describe and critically assess the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The aim is to scrutinise this subject from the viewpoints of both history and modernity.

The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives - historical, theoretical, doctrinal and comparative.

They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution.

They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult role and relationship with power.

Subjects:
Equity and Trusts, Tort Law
Contents:
Part 1: Issues
1. The Dynamics of Private Law and Power Kit Barker

Part 2: Power, History and Society
2. Power, History and the Law of Contract in Eighteenth Century England Warren Swain
3. Redressing Inequality in Personal Credit Transactions: 1700–1974 Karen Fairweather
4. Tort Law and Government Liability in the Administrative State Peter Cane

Part 3: Doctrines, Institutions and Process
5. Property and Power: The Judicial Redistribution of Proprietary Rights Craig Rotherham
6. Trustees' Powers and Social Justice Matthew Harding
7. Undue Infl uence and the Spiritual Economy Simone Degeling
8. A Public Law Tort: Understanding Misfeasance in Public Office Donal Nolan
9. Public Power, Discretion and the Duty of Care Kit Barker
10. The Legitimacy of the Company as a Source of (Private) Power Ross Grantham
11. Reshaping Responsibility: The Emerging Private Law of Institutional Wrongs Mayo Moran
12. Class Actions: Uses and Abuses of the Process of Courts Justice Philip McMurdo