Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence - How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.
Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence - How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.
Part A: The Boundaries of Property I. Tangible Things 1. Banks v Whetson (1596) David Fox 2. Yearworth v North Bristol NHS Trust [2009]: Instrumentalism and Fictions in Property Law James Lee II. Intangible Things 3. Millar v Taylor (1769): Landmark and Beacon. Still. Catherine Seville 4. Phillips v Mulcaire [2012]: A Property Paradox? Emily Hudson 5. OBG v Allan [2007] Sarah Green Part B: Doctrinal Issues I. Acquisition of Property Rights 6. Armory v Delamirie (1722): Possession, Obligation, and the Evolution of Relative Title to Goods Robin Hickey 7. Bruton v London & Quadrant Housing Trust [2000]: Relativity of Title, and the Regulation of the ‘ Proprietary Underworld ’ Amy Goymour 8. The Politics of Lloyd’s Bank v Rosset [1991] Lorna Fox O’Mahony II. Content of Property Rights 9. Kuwait Airways Corporation v Iraqi Airways Company [2002] Simon Douglas 10. Belfast Corporation v OD Cars [1959]: Setting Parameters for Restricting Use Rachael Walsh III. Destruction of Property Rights 11. Benn v Hardinge (1993) Emma Waring 12. Star Industrial Co Ltd v Yap Kwee Kor [1976]: The End of Goodwill in the Tort of Passing Off Jonathan Griffiths
Simon Douglas is a Fellow and Tutor in Law at Jesus College, Oxford University. Robin Hickey is a Senior Lecturer in Law at Queen’s University Belfast. Emma Waring is a Lecturer in Law at York Law School, The University of York.
This is a fine collection of essays with much to offer to property
lawyers, teachers and students. The broad coverage of different
aspects of property law in one of many attractive features.
*The Cambridge Law Journal*
I highly recommend this book to Canadian legal practitioners and
academics with an interest in property law. Anyone concerned with
some of the most enduring issues in this area of law will profit
from reading this collection.
*Canadian Business Law Journal*
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