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Private Law in Theory and Practice (Paperback)
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Private Law in Theory and Practice (Paperback)
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Private Law in Theory and Practice explores important theoretical
issues in tort law, the law of contract and the law of unjust
enrichment and relates the theory to judicial decision-making in
these areas of private law. Topics covered include the politics and
philosophy of tort law reform, the role of good faith in contract
law, comparative perspectives on setting aside contracts for
mistake and the theory and practice of proprietary remedies in the
law of unjust enrichment. Contributors to the book bring a variety
of theoretical approaches to bear on the analysis of private law.
They include: economic analysis, corrective justice theory,
comparative analysis of law, socio-legal inquiry, social history,
political theory as well as doctrinal analysis of the law. In all
cases the theoretical approaches are applied to recent case law
developments in England, Australia and Canada, or, in the case of
tort law, proposals in all these jurisdictions to reform the law.
The book presents the theory of private law and the application of
theory to practical legal problems in an accessible form to
teachers and students of tort, contract and the law of unjust
enrichment, legal researchers and law reformers.
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