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An important and wide-ranging collection on the role and development of private law in the twenty-first century, including contributions from many of the world's leading private lawyers.

Table of 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

About the Author

Kit Barker is Professor of Law, Karen Fairweather is Associate Lecturer in Law and Ross Grantham is Professor of Law, all at the TC Beirne School of Law, The University of Queensland.