
Principles of Proprietary Remedies (Hardcover)
Book $312.00 RRP |
Date: Code: 9780455231815 Thomson Reuters, AUSTRALIA |
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Price: $312.00
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Book+eBook Best Value | Principles of Proprietary Remedies book + ebook | 25/09/2013 | 41520731 | $383.00 |
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Book | Principles of Proprietary Remedies (Hardcover) | 9780455231815 | $312.00 |
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Principles of Proprietary Remedies ebook | 20/09/2013 | 9780455232461 | $297.00 |
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Description
Recent years have seen many significant cases decided across the common law world in which courts have directly grappled with important and difficult issues concerning proprietary remedies (such as the constructive trust, rescission and liens) awarded in response to common law and equitable wrongdoing, and to events of unjust enrichment. The decisions have often been made virtually contemporaneously, in jurisdictions sharing common legal traditions, and yet have taken significantly divergent positions on core issues of principle.
In that context, this collection represents the timely culmination of a four-year Australian Research Council Discovery project led by the editors to identify and explore the principles that guide the award of proprietary relief. It contains strongly comparative essays by leading Australian judges and scholars that address underlying questions of legal taxonomy and the rationales for proprietary relief, as well as examine the award of proprietary relief in particular categories of cases including claims of breach of fiduciary duty, theft, fraud, accessorial breaches, estoppel and unjust enrichment. The collection also contains a succinct synopsis of the editors’ research conclusions arising from the project as a whole, which seeks...
Table of Contents
- Reflections on the Principles of Proprietary Remedies (Elise Bant and Michael Bryan)
- Constructive Trusts and Distributive Justice (Matthew Harding)
- Restitution of (Property) Rights (James Edelman)
- A Typology of Trusts by Analogy (Darryn Jensen)
- Constructive Trusts, Accessorial Liability and Judicial Discretion (Pauline Ridge)