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The Principles of Personal Property Law (eBook)

ISBN13: 9781847317919
Published: November 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
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The law of personal property covers a very wide spectrum of scenarios and has had little detailed scrutiny of its overarching structure over the years. This is a shame. It is a system and can best be understood as a system. Indeed without understanding it as a system, it becomes much more difficult to understand. This new textbook is intended to provide a comprehensive and yet detailed coverage of the subject. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life.

The book will be of use to students on undergraduate commercial law courses, or related LLM courses, as well those as on integrated property law courses, and particularly specialised personal property modules. It will also be useful to academics and practitioners working in the area.

Commercial Law, eBooks
1 The Basic Concepts of Personal Property Law I Introduction II What is a Property Right? III Subdividing Personal Property: Different Types of Asset IV Ownership, Possession and Legal Title V Equitable Title under a Trust VI Original Modes of Acquisition VII Conclusion 2 Transfer of Legal Title to Choses in Possession I I Introduction II Passage of Property under Sale of Goods Act 1979 III Deed IV Delivery V Conclusion 3 Transfer of Legal Title to Choses in Possession II: The Nemo Dat Rule I Introduction II Exceptions to Nemo Dat III Overreaching IV Conclusion 4 Assignment of Legal Choses in Action I Introduction II Statutory (Legal) Assignment III Equitable Assignment IV Rules Common to both Equitable and Statutory Assignment V Non-Assignable Choses in Action VI Conclusion 5 Transfer or Disposition of Subsisting Equitable Interests I Introduction II Five Scenarios: When is Writing Required? III Surrender vs Disclaimer IV Priorities V Conclusion 6 Negotiation and Negotiable Instruments I Introduction II What is a Negotiable Instrument? III Transfer and Operation of Bills of Exchange IV Negotiation of Bills of Lading V Commercial Uses of Bills of Exchange VI Conclusion 7 Defective Transfers and Payments I Introduction II Void Transfers III Resulting Trusts IV Voidable Transfers V Conclusion 8 Protection of Legal Title via Tort Law I Introduction II Conversion III Trespass to Goods IV Replevin and Reversionary Injury V Conclusion 9 Protection of Equitable Title: Remedies for Misdirected Property I Introduction II Tracing III The Basis for Proprietary Claims Contingent on Tracing IV Subrogation V Personal Claims VI Conclusion 10 Bailment and Attornment I Introduction II What is Bailment? III Attornment IV Commercial Uses of Bailment V Is Bailment Necessary? VI Conclusion 11 Security Interests and Quasi-Security I Introduction II Credit and the Function of Security and Quasi-security III The Types of Security Interest IV The General Rules V Reform VI Quasi-security and the Relation with Security Interests VII Conclusion 12 Pledges and Liens I Introduction II Pledges III Liens IV Conclusion 13 Non-possessory Security Interests I: Mortgages and Bills of Sale I Introduction II What is a Mortgage? III Enforcement IV Conclusion 14 Non-possessory Security Interests II: Charges I Introduction II Floating and Fixed Charges III The Nature of the Floating Charge V Remedies of the Chargee on Default VI Reform VII Conclusion 15 Concluding Observations