The Tort of Conversion PDF Download
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Author: Sarah Green
Publisher: Bloomsbury Publishing
ISBN: 1847317979
Category : Law
Languages : en
Pages : 390
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Book Description
The legal and commercial importance of the tort of Conversion is difficult to overstate, and yet there remains a sense that the principles of the tort are elusive. Most recently, this was illustrated by the difficulties posed for the House of Lords by the Conversion issue in OBG v Allan [2007] UKHL 21, on which it was closely divided. Conversion, as we now recognise it, has a complex pedigree. Showing little regard for received taxonomies, it has elements which make lawyers think in terms of property, despite its eventful descent from actions in personam. Conversion is, therefore, something of a hybrid creature, which perhaps explains the paucity of scholarly analysis of the subject to date, property lawyers and tort lawyers each regarding it as the other's concern. This book is the first comprehensive appraisal of the modern tort of Conversion. It offers a coherent and accessible rationalisation of the subject, supported by rigorous analysis of all aspects, from title to sue to the available remedies. The principal thesis of the work is that the development of Conversion has somewhat stagnated, and in consequence the tort has so far been unable to fulfil either its theoretical or its practical potential as a legal device. Whilst this is partly a result of historical factors, it is also a consequence of the fact that no systematic examination of the tort in England appears ever to have been carried out. The primary objectives of the book, therefore, are to provide such an analysis, to present Conversion as a useful and important tort, well suited to the demands of contemporary law and commerce, and to offer a principled framework for its future development.
Author: Sarah Green
Publisher: Bloomsbury Publishing
ISBN: 1847317979
Category : Law
Languages : en
Pages : 390
Get Book Here
Book Description
The legal and commercial importance of the tort of Conversion is difficult to overstate, and yet there remains a sense that the principles of the tort are elusive. Most recently, this was illustrated by the difficulties posed for the House of Lords by the Conversion issue in OBG v Allan [2007] UKHL 21, on which it was closely divided. Conversion, as we now recognise it, has a complex pedigree. Showing little regard for received taxonomies, it has elements which make lawyers think in terms of property, despite its eventful descent from actions in personam. Conversion is, therefore, something of a hybrid creature, which perhaps explains the paucity of scholarly analysis of the subject to date, property lawyers and tort lawyers each regarding it as the other's concern. This book is the first comprehensive appraisal of the modern tort of Conversion. It offers a coherent and accessible rationalisation of the subject, supported by rigorous analysis of all aspects, from title to sue to the available remedies. The principal thesis of the work is that the development of Conversion has somewhat stagnated, and in consequence the tort has so far been unable to fulfil either its theoretical or its practical potential as a legal device. Whilst this is partly a result of historical factors, it is also a consequence of the fact that no systematic examination of the tort in England appears ever to have been carried out. The primary objectives of the book, therefore, are to provide such an analysis, to present Conversion as a useful and important tort, well suited to the demands of contemporary law and commerce, and to offer a principled framework for its future development.
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: Law Reform Commission of British Columbia
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 128
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Book Description
Author: Stuart M. Speiser
Publisher:
ISBN:
Category : Torts
Languages : en
Pages : 1230
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Book Description
Author: Keith N. Hylton
Publisher: Cambridge University Press
ISBN: 1316598497
Category : Law
Languages : en
Pages : 465
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Book Description
Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.
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: Bryan M E McMahon
Publisher: Bloomsbury Publishing
ISBN: 1780438842
Category : Law
Languages : en
Pages : 2668
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Book Description
This is the eagerly awaited new edition of Law of Torts, the complete Irish tort law reference book. For this, the contents have been extensively revised since the last edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book is essential for both legal practitioners and people studying Irish law. Recent important legislation examined in the book includes: Criminal Law (Defence and the Dwelling) Act 2011, Civil Law (Miscellaneous Provisions) Act 2011, Defamation Act 2009, Consumer Protection Act 2007, Civil Liability and Courts Act 2004 and Personal Injuries Assessment Board Act 2003. Key developments and case law are examined in areas such as pure economic loss, limitations and purchase of financial products, vicarious liability for sexual assaults, damages, privacy, defamation, psychiatric injury, liability of public authorities, employers' liability, professional negligence, defective buildings and products and occupiers' liability. First published in 1980, Law of Torts has long been a cornerstone work in Irish law, indeed in the foreword to the first edition Judge Brian Walshe noted that the book represented a challenge to the 'unquestioned assumption that English text-books would satisfy all needs.' This new addition will only add to the book's long-established merit and value.
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: Martin Wilson
Publisher: Edward Elgar Publishing
ISBN: 1800885784
Category : Law
Languages : en
Pages : 485
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Book Description
In this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years’ experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world. New to this Edition: • Thoroughly revised guidance on new anti-money laundering requirements • Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic • New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
