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Introduction

Published online by Cambridge University Press:  10 November 2010

Elise Bant
Affiliation:
University of Melbourne
Matthew Harding
Affiliation:
University of Melbourne
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Summary

This book of essays is dedicated to Professor Michael Bryan on the occasion of his retirement after 37 years of legal scholarship. Michael, who was educated at the Universities of Oxford and London, taught at Oriel College Oxford and Queen Mary and Westfield College, London, before arriving in 1991 at the then Faculty of Law of the University of Melbourne (now the Melbourne Law School). Over his time in Melbourne, Michael has been a much-loved and respected teacher, mentor and colleague. Indeed, of the 24 scholars who have come together to create this book (22 authors and two editors), no fewer than ten have been students or colleagues of Michael during his Melbourne years. However, as the book attests, Michael's influence as a scholar has been felt far beyond Melbourne: he has earned the respect and affection of private lawyers all over the world, from both the common law and the civilian traditions. The authors of the essays in this book are judges and scholars from across Australia, as well as Canada, England, Germany, Hong Kong, New Zealand, Singapore and South Africa. All of these authors jumped at the chance to participate in this project, and their essays are a heartfelt tribute both to Michael's scholarly achievements and to the quiet – and always positive – influence he has had on the research, the careers and the lives of his friends around the world.

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Publisher: Cambridge University Press
Print publication year: 2010

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References

Bryan, M, ‘Rescission, Restitution and Contractual Ordering: The Role of Plaintiff Election’ in Robertson, A (ed), The Law of Obligations: Connections and Boundaries (Cavendish, London 2004) 59Google Scholar
Bryan, M, ‘Unjust Enrichment and Unconscionability in Australia: A False Dichotomy’ in Neyers, JW, McInnes, M and Pitel, SGA (eds), Understanding Unjust Enrichment (Hart Publishing, Oxford 2004) 47Google Scholar
Bryan, M, ‘Unconscionable Conduct as an Unjust Factor’ in Degeling, S and Edelman, J (eds), Unjust Enrichment in Commercial Law (LawBook Co, Sydney 2008) 295Google Scholar
Bryan, M, ‘Equitable Relief from Forfeiture: Performance or Restitution?’ in Rickett, CEF (ed), Justifying Private Law Remedies (Hart Publishing, Oxford 2008) 363Google Scholar
Burrows, A and Rodger, Lord (eds), Mapping the Law: Essays in Memory of Peter Birks (Oxford University Press, Oxford 2006)CrossRef
Berlin, I, ‘Two Concepts of Liberty’ in I Berlin, Four Essays on Liberty (Oxford University Press, Oxford 1969) 118, 170Google Scholar
Posner, RA, ‘Legal Reasoning from the Top Down and from the Bottom Up: The Question of Unenumerated Constitutional Rights’ (1992) 59 U Chi L Rev433CrossRefGoogle Scholar
Posner, RA, Overcoming Law (Harvard University Press, Cambridge MA 1995) ch 5Google Scholar
Mason, K, ‘What Is Wrong with Top-Down Legal Reasoning?’ (2004) 78 ALJ574.Google Scholar
Chambers, R, Resulting Trusts (Oxford University Press, Oxford 1997)CrossRefGoogle Scholar
Edelman, J, ‘When Do Fiduciary Duties as Arise?’ (2010) 126 LQR302Google Scholar
Bryan, M, ‘Recipient Liability under the Torrens System: Some Category Errors’ in Rickett, CEF and Grantham, R (eds), Structure and Justification in Private Law: Essays for Peter Birks (Hart Publishing, Oxford 2008) 339Google Scholar
Harding, M and Bryan, M, ‘Responding to Fraud in Title Registration Systems: A Comparative Study’ in Dixon, M (ed), Modern Studies in Property Law (Vol 5) (Hart Publishing, Oxford 2009) 3Google Scholar

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