Private Law in Theory and Practice

Michael Bryan is Professor of Law at the University of Melbourne. He has researched and published extensively in the areas of equity, trusts and restitution, including The Law of Non-Disclosure (with A Duggan and F Hanks, Longmans, 1995) and contributed a chapter to The Law of Obligations: Connections and Boundaries (UCL Press, 2003).

• Introduction Part 1: Principle and Policy. Private Right and Public Interest Part 2: Tort Law Policy. Policy and Principle in Tort Law. Taking Disagreement Seriously: Courts, Legislatures and the Reform of Tort Law. The Use of Policy in Negligence Cases in the High Court of Australia. The High Court and Social Facts: A Negligence Case Study Part 3: Issues in Contract Law. Reconfiguring Mistake in Contract Formation. The Standard of Good Faith Performance: Reasonable Expectations and Community Standards. Some Thoughts on the Comparative Jurisprudence of Mistakes in Assumption Part 4: Certainty and Discretion in Property, Equity and Unjust Enrichment Estoppel, Discretion and the Nature of the Estoppel. Equity Unconscionability, Constructive Trusts and Proprietary Estoppel. Constructive Trusts from a Law and Economics Perspective. The Criteria for the Award of Proprietary Remedies: Rethinking the Proprietary Base. Change of Position, Good Faith and Unconscionability