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Private Law and Power
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A unique collection of essays exploring private lawyer's relationship to, and regulation of, power.

Table of Contents

Part 1: Issues 1. The Dynamics of Private Law and Power Kit Barker Part 2: Power, History and Society 2. Power, History and the Law of Contract in Eighteenth Century England Warren Swain 3. Redressing Inequality in Personal Credit Transactions: 1700–1974 Karen Fairweather 4. Tort Law and Government Liability in the Administrative State Peter Cane Part 3: Doctrines, Institutions and Process 5. Property and Power: The Judicial Redistribution of Proprietary Rights Craig Rotherham 6. Trustees’ Powers and Social Justice Matthew Harding 7. Undue Infl uence and the Spiritual Economy Simone Degeling 8. A Public Law Tort: Understanding Misfeasance in Public Office Donal Nolan 9. Public Power, Discretion and the Duty of Care Kit Barker 10. The Legitimacy of the Company as a Source of (Private) Power Ross Grantham 11. Reshaping Responsibility: The Emerging Private Law of Institutional Wrongs Mayo Moran 12. Class Actions: Uses and Abuses of the Process of Courts Justice Philip McMurdo

About the Author

Kit Barker is Professor of Private Law, Karen Fairweather is an Associate Lecturer and Ross Grantham is Professor of Commercial Law, all at the TC Beirne School of Law, University of Queensland. Simone Degeling is Professor of Law at UNSW Australia.

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