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Overview of "Principles of Proprietary Remedies" by Elise Bant and Michael Bryan

Key Themes

The book "Principles of Proprietary Remedies" is a comprehensive collection of comparative essays and analyses on the principles guiding the award of proprietary relief. The key themes include:

  1. Proprietary Relief: The book explores the principles and rationales behind proprietary remedies, including constructive trusts, restitution, and specific performance.
  2. Australian Legal Perspective: The work is written from an Australian legal perspective, drawing on the expertise of leading Australian judges and scholars.
  3. Comparative Analysis: The book presents a comparative analysis of proprietary remedies, examining various doctrines and taxonomies related to these remedies.
  4. Fiduciary Duty and Unjust Enrichment: It delves into cases involving breach of fiduciary duty, theft, fraud, and unjust enrichment, providing insights into how proprietary relief is awarded in these contexts.
  5. Defences, Bars, and Discretionary Factors: The book also discusses defences, bars, and discretionary factors that influence the award of proprietary relief.

Plot Summary

The book is structured around a series of essays and analyses by leading Australian legal experts. The content includes:

  1. Reflections on the Principles of Proprietary Remedies by Elise Bant and Michael Bryan, which sets the stage for the subsequent discussions.
  2. Constructive Trusts and Distributive Justice by Matthew Harding, exploring the role of constructive trusts in achieving distributive justice.
  3. Restitution of (Property) Rights by James Edelman, examining the principles of restitution in property law.
  4. A Typology of Trusts by Analogy by Darryn Jensen, which categorizes trusts based on analogical reasoning.
  5. Constructive Trusts, Accessorial Liability, and Judicial Discretion by Pauline Ridge, discussing the intersection of constructive trusts with accessorial liability and judicial discretion.
  6. R3RUE, the Taxonomy of the Constructive Trust, and the Fusion of Law and Equity by Keith Mason, providing a detailed taxonomy of constructive trusts and their integration with both law and equity.
  7. The Black v Freedman Trust: Vindicating Proprietary Rights or Remedying Wrongs? by Kenneth Handley, analyzing the Black v Freedman case and its implications for proprietary rights.
  8. Specific Performance and the Constructive Trust by Carmel McLure, examining the relationship between specific performance and constructive trusts.
  9. Proprietary Responses to Policy-Motivated Claims: Restitution in the Hinterland by Simone Degeling, discussing how restitutionary remedies respond to policy-driven claims.
  10. Constructive Trusts and Equitable Property Relief: Insights from Estoppel by Julie Ward, exploring the role of estoppel in equitable property relief.
  11. Defences, Bars, and Discretionary Factors by Elise Bant and Michael Bryan, which discusses the various defences, bars, and discretionary factors that influence the award of proprietary relief.
  12. A Model of Proprietary Remedies by Elise Bant and Michael Bryan, proposing a model for proprietary relief based on their analysis.

Critical Reception

The book has received positive reviews for its comprehensive and insightful analysis of proprietary remedies. Here are some excerpts:

  • Carrie Rome-Sievers: "Hot off the press, and being launched today, is the keenly anticipated new book Principles of Proprietary Remedies by Associate Professor Elise Bant and Emeritus Professor Michael Bryan. It is highly recommended for all readers."

The book's critical reception highlights its significance in the field of property law, particularly in Australia, and its contribution to the ongoing discussion on proprietary remedies.

Resource Downloads

The book is available in both hardcover and eBook formats, with additional resources including a foreword by Paul Finn available for download.