Private Law in the 21st Century

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