Author: Simon Douglas
Publisher: Bloomsbury Publishing
ISBN: 1847318207
Category : Law
Languages : en
Pages : 171
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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:
ISBN: 9781472561053
Category : Electronic books
Languages : en
Pages : 222
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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.
Author: Law Reform Commission of British Columbia
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 128
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Book Description
Author: Simon F. Deakin
Publisher: Oxford University Press, USA
ISBN: 9780199282463
Category : Damages
Languages : en
Pages : 0
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Book Description
Fully updated to cover developments including the Protection from Harassment Act 1997, the Human Rights Act, Regina vs. Ireland, and Regina vs. Burstow, this book provides comprehensive commentary on tort law. The authors provide a variety of comparative and economic perspectives upon the area.
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: Manitoba. Law Reform Commission
Publisher:
ISBN: 9780771115578
Category : Limitation of actions
Languages : en
Pages : 35
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Book Description
This project originates from the Manitoba Law Reform Commission's Limitations report, published in October 2010. In the Limitations report, the Commission identified what it saw as the primary areas of Manitoba limitations law requiring modernization, and the best ways of accomplishing that goal. The Commission recommended the abolition of various categories of claims and favoured a single, basic two-year limitation from the date of discovery, applicable to all claims unless they are otherwise dealt with in the new Act. The Commission also recommended an ultimate 15-year limitation period running from the day on which the act or omission on which the claim is based took place, beyond which no claim may be brought. This system, designed around a single basic two-year limitation period and a 15-year ultimate limitation period, will be referred to in this report as the "standard limitation regime".
Author: Luke Rostill
Publisher: Oxford University Press
ISBN: 0192581058
Category : Law
Languages : en
Pages : 194
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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.
Author: Vanessa Wilcox
Publisher: Cambridge University Press
ISBN: 1316668525
Category : Law
Languages : en
Pages : 227
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Book Description
Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.
Author: Muireann Quigley
Publisher: Cambridge University Press
ISBN: 1108570461
Category : Law
Languages : en
Pages : 363
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Book Description
How ought the law to deal with novel challenges regarding the use and control of human biomaterials? As it stands the law is ill-equipped to deal with these. Quigley argues that advancing biotechnology means that the law must confront and move boundaries which it has constructed; in particular, those which delineate property from non-property in relation to biomaterials. Drawing together often disparate strands of property discourse, she offers a philosophical and legal re-analysis of the law in relation to property in the body and biomaterials. She advances a new defence, underpinned by self-ownership, of the position that persons ought to be seen as the prima facie holders of property rights in their separated biomaterials. This book will appeal to those interested in medical and property law, philosophy, bioethics, and health policy amongst others.
Author: Jenny Steele
Publisher: Oxford University Press
ISBN: 0198853912
Category :
Languages : en
Pages : 1038
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Book Description
Tort Law: Text, Cases, and Materials combines incisive author commentary with carefully selected extracts from primary and secondary materials. The author introduces the fundamental principles of the subject before moving on to discuss more challenging issues, thereby ensuring a full understanding of the subject and encouraging an appreciation of the more complex debates surrounding the law of tort. The book is designed to be a stand-alone text, providing students with a comprehensive source of relevant materials in one easy-to-use volume. Online resources This text is accompanied by online resources, including: - Bi-annual updates, keeping students up to date on the latest key developments in tort law - Self-test questions on key topics, with feedback, giving you the opportunity to test your learning - Web links to reliable and accurate resources, providing a starting point for further study
