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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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Private Law in the 21st Century

Edited by: Kit Barker, Karen Fairweather, Ross Grantham

ISBN13: 9781509908585
Published: January 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £110.00



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Also available as
£91.66
+ £18.33 VAT

This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges that are likely to face private law in the remaining part of the twenty-first century.

The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules).

They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'.

They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work will be an important source of inspiration and reference to private lawyers, as well as legislators, policy-makers and students.

Subjects:
General Interest
Contents:
Part I: Agendas and Predictions
1. Private Law as a Complex System: Agendas for the Twenty-First Century
Kit Barker
2. Challenges for Private Law in the Twenty-First Century
Andrew Burrows
3. Rationalising Tort Law for the Twenty-First Century
Ken Oliphant
4. The Challenges of Private Law: A Research Agenda for an Autonomy-Based Private Law
Hanoch Dagan
5. 'The Steaming Lungs of a Pigeon': Predicting the Direction of Australian Contract Law in the Next 25 Years
Warren Swain

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
Martin A Hogg
7. Power Failure? The Distracting Effect of Legislation on Common Law Torts
Wendy Bonython
8. Constructive Trusteeship: The Perils of Statutory Formulae
Darryn Jensen

Part III: Complex Systems and Interactions
9. Fusing the Equitable Function in Private Law
Henry E Smith
10. Dealing with Complexity: Different Approaches to Explaining Accessory Liability
Joachim Dietrich
11. The Challenges Presented by Fundamental Rights to Private Law
Hugh Collins
12. The Limits of Technocracy: Private Law's Future in the Regulatory State
TT Arvind and Joanna Gray
13. Common Law and the Constraint of Financial Markets: Credit Rating Agencies as a Test Case
Joshua Getzler and Alexandra Whelan
14. Apologies as 'Canaries'-Tortious Liability in Negligence and Insurance in the Twenty-First Century
Prue Vines
15. When Lump Sums Run Out: Disputes at the Borderlines of Tort Law, Injury Compensation and Social Security
Genevieve Grant, Kylie Burns, Rosamund Harrington, Prue Vines, Elizabeth Kendall and Annick Maujean

Part IV: New Remedies, Technologies and Intangible Interests
16. 'I'll Perform If and When You Do': Non-Performance and the Suspension of Contractual Duties
Andrew Tettenborn
17. Vindicatory Damages
James Edelman
18. Persuasive Technologies: From Loss of Privacy to Loss of Autonomy
Eliza Mik
19. Snooping: How Should Damages be Assessed for Harmless Breaches of Privacy?
Erika Chamberlain
20. Compensating Injury to Autonomy: A Conceptual and Normative Analysis
Tsachi Keren-Paz
21. Matter over Mind: Tort Law's Treatment of Emotional Injury
Anne Schuurman and Zoë Sinel
22. The Interaction Between Defamation and Privacy
David Rolph
23. Making Amends by Apologising for Defamatory Publications: Developments in the Twenty-First Century
Robyn Carroll and Jeffrey Berryman

Part V: Process Challenges and the Privatisation of Justice
24. Tort and Neo-liberalism
Annette Morris
25. Reforming Australian Litigation Lawyers: Educational Impacts of Civil Procedural Laws and Judicial Activism
Francesca Bartlett
26. Private Law in the Age of the 'Vanishing Trial'
Carlo Vittorio Giabardo

Series: Hart Studies in Private Law

The Irreducible Core of the Trust ISBN 9781782257172
To be published August 2018
Hart Publishing
£60.00
Legislation and Reform in the Law of Obligations ISBN 9781849463188
To be published August 2018
Hart Publishing
£70.00
Resulting Trusts ISBN 9781849465489
To be published August 2018
Hart Publishing
£80.00
The Duty of Care in Negligence ISBN 9781509914845
To be published February 2018
Hart Publishing
£55.00
The Law of Misstatements: 50 Years On from Hedley Byrne v Heller ISBN 9781509917679
To be published November 2017
Hart Publishing
£34.99
Money Awards in Contract Law ISBN 9781509917051
Published September 2017
Hart Publishing
£27.99
Rationalising Constructive Trusts ISBN 9781849465960
Published September 2017
Hart Publishing
£90.00
Rationalising Constructive Trusts (eBook) ISBN 9781509917075
Published September 2017
Hart Publishing
£74.99 + £15.00 VAT
(ePub)
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Causation in Negligence ISBN 9781509905034
Published August 2017
Hart Publishing
£24.99
Accessory Liability ISBN 9781509914104
Published May 2017
Hart Publishing
£29.99
Equity, Trusts and Commerce (eBook) ISBN 9781509907304
Published May 2017
Hart Publishing
£70.82 + £14.17 VAT
(ePub)
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Equity, Trusts and Commerce ISBN 9781509907298
Published May 2017
Hart Publishing
£85.00
Equitable Compensation and Disgorgement of Profit ISBN 9781509901456
Published April 2017
Hart Publishing
£80.00
Equitable Compensation and Disgorgement of Profit (eBook) ISBN 9781509901463
Published April 2017
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
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Tort Law and Human Rights 2nd ed (eBook) ISBN 9781509913176
Published February 2017
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Tort Law and Human Rights 2nd ed ISBN 9781841139074
Published February 2017
Hart Publishing
£75.00
Private Law in the 21st Century (eBook) ISBN 9781509908592
Published January 2017
Hart Publishing
£91.66 + £18.33 VAT
(ePub)
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Negligence and Illegality (eBook) ISBN 9781509906673
Published January 2017
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
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Negligence and Illegality ISBN 9781509906666
Published January 2017
Hart Publishing
£60.00
Private Law and Power (eBook) ISBN 9781509906000
Published January 2017
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
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Private Law and Power ISBN 9781509905997
Published January 2017
Hart Publishing
£75.00
£49.99 + £10.00 VAT
(ePub)
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Enrichment at the Claimant's Expense: Attribution Rules in Unjust Enrichment ISBN 9781782258391
Published October 2016
Hart Publishing
£60.00
£70.00
£58.33 + £11.66 VAT
(ePub)
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A Theory of Tort Liability ISBN 9781509903184
Published June 2016
Hart Publishing
£55.00
A Theory of Tort Liability (eBook) ISBN 9781509903191
Published June 2016
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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Tort Law Defences ISBN 9781509905027
Published April 2016
Hart Publishing
£30.00
Evidential Uncertainty in Causation in Negligence (eBook) ISBN 9781509900336
Published March 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Evidential Uncertainty in Causation in Negligence ISBN 9781849467049
Published March 2016
Hart Publishing
£55.00
Defences in Unjust Enrichment (eBook) ISBN 9781782256359
Published January 2016
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
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Defences in Unjust Enrichment ISBN 9781849467254
Published January 2016
Hart Publishing
£80.00
Contractual Indemnities ISBN 9781509905010
Published December 2015
Hart Publishing
£38.99
£58.33 + £11.66 VAT
(ePub)
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Money Awards in Contract Law (eBook) ISBN 9781782252962
Published June 2015
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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Money Awards in Contract Law ISBN 9781849464574
Published June 2015
Hart Publishing
£55.00
Accessory Liability (eBook) ISBN 9781849469579
Published January 2015
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
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Accessory Liability ISBN 9781849462877
Published January 2015
Hart Publishing
£65.00
Causation in Negligence (eBook) ISBN 9781782255215
Published December 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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Causation in Negligence ISBN 9781849463317
Published December 2014
Hart Publishing
£60.00
Contractual Indemnities (eBook) ISBN 9781782253891
Published April 2014
Hart Publishing
£32.49 + £6.50 VAT
(ePub)
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Contractual Indemnities ISBN 9781849462907
Published April 2014
Hart Publishing
£90.00
The Europeanisation of English Tort Law ISBN 9781849463195
Published March 2014
Hart Publishing
£50.00
The Europeanisation of English Tort Law (eBook) ISBN 9781782253808
Published March 2014
Hart Publishing
£41.66 + £8.33 VAT
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Law of Private Nuisance ISBN 9781849465069
Published September 2013
Hart Publishing
£40.00
Law of Private Nuisance (eBook) ISBN 9781782253402
Published September 2013
Hart Publishing
£33.32 + £6.67 VAT
(ePub)
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Iniuria and the Common Law ISBN 9781849465038
Published August 2013
Hart Publishing
£60.00
Iniuria and the Common Law (eBook) ISBN 9781782253389
Published August 2013
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
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Tort Law Defences ISBN 9781849462914
Published July 2013
Hart Publishing
£70.00
Tort Law Defences (eBook) ISBN 9781782251897
Published July 2013
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
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Unjust Enrichment in South African Law: Rethinking Enrichment by Transfer ISBN 9781849462235
Published July 2013
Hart Publishing
£65.00
£54.16 + £10.83 VAT
(ePub)
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£62.49 + £12.50 VAT
(ePub)
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Restitution of Overpaid Tax (eBook) ISBN 9781782251224
Published April 2013
Hart Publishing
£99.99 + £20.00 VAT
(ePub)
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Restitution of Overpaid Tax ISBN 9781849461733
Published April 2013
Hart Publishing
£120.00
Informal Carers and Private Law ISBN 9781849462815
Published December 2012
Hart Publishing
£75.00
Informal Carers and Private Law (eBook) ISBN 9781782250470
Published December 2012
Hart Publishing
£62.49 + £12.50 VAT
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Enrichment in the Law of Unjust Enrichment and Restitution (eBook) ISBN 9781847319722
Published July 2012
Hart Publishing
£70.82 + £14.17 VAT
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Enrichment in the Law of Unjust Enrichment and Restitution ISBN 9781849463294
Published July 2012
Hart Publishing
£85.00
Accounting for Profit for Breach of Contract: Theory and Practice ISBN 9781849462518
Published May 2012
Hart Publishing
£70.00
£58.33 + £11.66 VAT
(ePub)
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Fault Lines in Equity ISBN 9781849462198
Published May 2012
Hart Publishing
£85.00
Fault Lines in Equity (eBook) ISBN 9781847319449
Published May 2012
Hart Publishing
£70.82 + £14.17 VAT
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