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Vol 21 No 11 Nov/Dec 2016

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Landmark Cases in Property Law

Edited by: Simon Douglas, Robin Hickey, Emma Waring

ISBN13: 9781849466080
Published: May 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00



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Landmark Cases on Property Law explores the development of basic principles of property law in leading cases.

Each paper 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 papers 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 paper, and they are collected and critically explored in the editors' introduction.

This makes for a coherent and provocative collection, and ensures that Landmark Cases on Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.

Subjects:
Property Law
Contents:
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