Liability for Wrongful Interferences with Chattels PDF Download
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Author: Simon Douglas
Publisher: Bloomsbury Publishing
ISBN: 1847318460
Category : Law
Languages : en
Pages : 243
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Book Description
The book examines the protection of property rights in chattels through the law of torts, focusing on the four actions of conversion, detinue, trespass and negligence. Traditionally these actions have been governed by arcane divisions which have led to unnecessary complexity and arbitrariness. The principal argument made in the book is that significant developments in the modern law point towards abolition of these arcane divisions and permit the chattel torts to be understood by reference to a coherent and justifiable structure. It is argued that the only division which should be drawn in the modern chattel torts is between intentional interferences with chattels, where liability is strict, and unintentional interferences with chattels, where liability is fault based. In order to demonstrate this structure it is first argued that the actions of conversion, detinue and trespass amount, in substance, to a single cause of action which imposes strict liability for the intentional interference with another's chattel. It is then argued that the tort of negligence recognises a fault-based cause of action for the unintentional interference with another's chattel. It is further argued that this basic structure, unlike the arcane divisions which have traditionally governed this area of law, can be justified.
Author: Simon Douglas
Publisher: Bloomsbury Publishing
ISBN: 1847318460
Category : Law
Languages : en
Pages : 243
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Book Description
The book examines the protection of property rights in chattels through the law of torts, focusing on the four actions of conversion, detinue, trespass and negligence. Traditionally these actions have been governed by arcane divisions which have led to unnecessary complexity and arbitrariness. The principal argument made in the book is that significant developments in the modern law point towards abolition of these arcane divisions and permit the chattel torts to be understood by reference to a coherent and justifiable structure. It is argued that the only division which should be drawn in the modern chattel torts is between intentional interferences with chattels, where liability is strict, and unintentional interferences with chattels, where liability is fault based. In order to demonstrate this structure it is first argued that the actions of conversion, detinue and trespass amount, in substance, to a single cause of action which imposes strict liability for the intentional interference with another's chattel. It is then argued that the tort of negligence recognises a fault-based cause of action for the unintentional interference with another's chattel. It is further argued that this basic structure, unlike the arcane divisions which have traditionally governed this area of law, can be justified.
Author: Neil James Foster
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
A review of a recent monograph dealing with the way the common law protects property rights in personal property.
Author: Ralph L. Simmonds
Publisher: Toronto, Ont. : The Commission
ISBN:
Category : Actions and defenses
Languages : en
Pages : 218
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Book Description
Examines critically the remedies available to those persons whose goods, or whose interests in goods, have been wrongfully interfered with by some other person. The subject matter examined in this paper includes very old legal causes of action, such as the action of replevin, trespass to goods, and detinue. It also includes some relatively modern developments, such as the tort of conversion, the negligent causing of economic loss, and the tort of interference with a reversionary interest.
Author: Simon Douglas
Publisher: Bloomsbury Publishing
ISBN: 1847318207
Category : Law
Languages : en
Pages : 170
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Book Description
The book examines the protection of property rights in chattels through the law of torts, focusing on the four actions of conversion, detinue, trespass and negligence. Traditionally these actions have been governed by arcane divisions which have led to unnecessary complexity and arbitrariness. The principal argument made in the book is that significant developments in the modern law point towards abolition of these arcane divisions and permit the chattel torts to be understood by reference to a coherent and justifiable structure. It is argued that the only division which should be drawn in the modern chattel torts is between intentional interferences with chattels, where liability is strict, and unintentional interferences with chattels, where liability is fault based. In order to demonstrate this structure it is first argued that the actions of conversion, detinue and trespass amount, in substance, to a single cause of action which imposes strict liability for the intentional interference with another's chattel. It is then argued that the tort of negligence recognises a fault-based cause of action for the unintentional interference with another's chattel. It is further argued that this basic structure, unlike the arcane divisions which have traditionally governed this area of law, can be justified.
Author: Law Reform Commission of British Columbia
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 128
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Book Description
Author: Hillary Michaud
Publisher: Pearson Higher Ed
ISBN: 0133361373
Category : Business & Economics
Languages : en
Pages : 403
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Book Description
This is the eBook of the printed book and may not include any media, website access codes, or print supplements that may come packaged with the bound book. Tort Law Concepts and Applications, 2e provides the most comprehensive coverage of substantive American tort law available. This edition features two chapters devoted to intentional torts, two chapters devoted to negligence, and references to the latest cases and statutes. To help students develop in-demand paralegal skills, there are extensive end-of-chapter exercises, online video cases, and an entire chapter devoted to tort practice and applications.
Author: Philip H. Osborne
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 532
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Book Description
The Law of Torts by Philip Osborne is an indispensable resource for practitioners, judges, and students seeking a concise and accessible introduction to the principles of tort law in Canada, the social policies underlying the law, and current trends in judicial decision-making. The book reviews the foundations, characteristics, and objectives of tort law generally with specific discussion of the central concepts of negligence, intentional torts, strict liability and vicarious liability, nuisance, and defamation. It provides insightful analysis of the relationships between tort law and other branches of private law, including contract law and restitution, and public law, particularly the Charter of Rights and Freedoms. The fourth edition includes new sections dealing with negligent investigations, malicious prosecution and Crown prosecutors, responsible communication on a matter of public interest, reportage, and cyber-defamation. The Canadian law of torts is described as it was on 1 January 2011.
Author: H. Beau Baez III
Publisher: Kluwer Law International B.V.
ISBN: 9403512970
Category : Law
Languages : en
Pages : 285
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the the United States. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers the the United States. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Author: Edward J. Kionka
Publisher:
ISBN: 9780314021144
Category : Torts
Languages : en
Pages : 0
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Book Description
Liability Rules for Intentional Torts: Intent, Battery, Assault, False Imprisonment, Intentional Infliction of Emotional Distress, Trespass to Land, Chattels; Defenses to Liability for Intentional Torts (Privileges); Negligence: Elements of the Negligence Action, Negligent Conduct, Sources of Standards of Care, Proof of Negligence, Duty, Tort and Contract; Defenses to Negligence and Other Liability; Cause in Fact; Proximate (Legal) Cause; Owners and Occupiers of Land; Products Liability; Vicarious Liability; Employer's Liability to Employees; Automobiles; Medical and Other Professional Negligence ("Malpractice"); Nuisance; Negligent infliction of Emotional Distress; Prenatal Harm; Alcoholic Beverages; Interference with Federal Constitutional Rights; Economic Harm; Strict Liability; Damages for Physical Harm: Compensatory Damages, Consequential Damages, Punitive Damages, Allocation Among Tortfeasors; Survival and Wrongful Death; Misinterpretation; Defamation; Privacy.
Author: Luke Rostill
Publisher: Oxford University Press
ISBN: 0192581058
Category : Law
Languages : en
Pages : 192
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Book Description
This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.
