Informal Carers and Private Law

by Brian Sloan

Authors

  • Simon Degeling

Abstract

This book review assesses Brian Sloan’s Informal Carers and Private Law, a significant contribution to the growing body of scholarship examining the legal recognition of informal care relationships. The review highlights the book’s detailed analysis of how private law doctrines—particularly unjust enrichment, proprietary estoppel, and constructive trusts—respond to the economic and relational realities of informal caregiving. It commends the author’s nuanced treatment of vulnerability, reliance, and expectation, as well as the careful integration of doctrinal analysis with policy considerations. The review also evaluates Sloan’s argument for greater coherence and sensitivity in judicial reasoning when addressing claims arising from non-commercial, relational contexts. While noting certain tensions between doctrinal certainty and equitable flexibility, the review concludes that the work offers a persuasive and timely framework for understanding how private law can more effectively accommodate informal care arrangements. The book is identified as an essential resource for scholars and practitioners working at the intersection of restitution, equity, and family-adjacent private law.

Published

31-12-2023

Issue

Section

Book Review