Part I: Agendas and Predictions1. Private Law as a Complex System: Agendas for the Twenty-First CenturyKit Barker2. Challenges for Private Law in the Twenty-First Century Andrew Burrows3. Rationalising Tort Law for the Twenty-First Century Ken Oliphant4. The Challenges of Private Law: A Research Agenda for an Autonomy-Based Private Law Hanoch Dagan5. ‘The Steaming Lungs of a Pigeon’: Predicting the Direction of Australian Contract Law in the Next 25 Years Warren SwainPart II: Legislation, Codification and the Role of the Common Law6. Codification of Private Law: Scots Law at the Crossroads of Common and Civil law Martin A Hogg7. Power Failure? The Distracting Effect of Legislation on Common Law Torts Wendy Bonython8. Constructive Trusteeship: The Perils of Statutory Formulae Darryn JensenPart III: Complex Systems and Interactions9. Fusing the Equitable Function in Private Law Henry E Smith10. Dealing with Complexity: Different Approaches to Explaining Accessory Liability Joachim Dietrich11. The Challenges Presented by Fundamental Rights to Private Law Hugh Collins12. The Limits of Technocracy: Private Law’s Future in the Regulatory State TT Arvind and Joanna Gray13. Common Law and the Constraint of Financial Markets: Credit Rating Agencies as a Test Case Joshua Getzler and Alexandra Whelan14. Apologies as ‘Canaries’—Tortious Liability in Negligence and Insurance in the Twenty-First Century Prue Vines15. 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 MaujeanPart IV: New Remedies, Technologies and Intangible Interests16. ‘I’ll Perform If and When You Do’: Non-Performance and the Suspension of Contractual Duties Andrew Tettenborn17. Vindicatory Damages James Edelman18. Persuasive Technologies: From Loss of Privacy to Loss of Autonomy Eliza Mik19. Snooping: How Should Damages be Assessed for Harmless Breaches of Privacy? Erika Chamberlain20. Compensating Injury to Autonomy: A Conceptual and Normative Analysis Tsachi Keren-Paz21. Matter over Mind: Tort Law’s Treatment of Emotional Injury Anne Schuurman and Zoë Sinel22. The Interaction Between Defamation and Privacy David Rolph23. Making Amends by Apologising for Defamatory Publications: Developments in the Twenty-First Century Robyn Carroll and Jeffrey BerrymanPart V: Process Challenges and the Privatisation of Justice24. Tort and Neo-liberalism Annette Morris25. Reforming Australian Litigation Lawyers: Educational Impacts of Civil Procedural Laws and Judicial Activism Francesca Bartlett26. Private Law in the Age of the ‘Vanishing Trial’ Carlo Vittorio Giabardo

Unrivalled scholarship examining the fundamental doctrines and principles of private law.This monograph series brings together in one place two types of book: works which examine in-depth the fundamental doctrines and principles of private law, and works which engage with the theoretical underpinnings of private law. The series thus aims to contribute to ever-evolving debates about the nature of private law such as problems of classification and taxonomy, remedies, the relationship with public law and the boundaries of private law generally. The series includes, but is not confined to, works on contract, tort, unjust enrichment, equity, property and the conflict of laws, welcoming work which intersects with other fields of study to enable a deeper understanding of private law theory and practice.