The Tort of Conversion

  • Filename: the-tort-of-conversion.
  • ISBN: 1841138339
  • Release Date: 2009
  • Number of pages: 239
  • Author: Sarah Green
  • Publisher: Hart Pub Limited

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.

Liability for Wrongful Interferences with Chattels

  • Filename: liability-for-wrongful-interferences-with-chattels.
  • ISBN: 9781847318206
  • Release Date: 2011-11-02
  • Number of pages: 242
  • Author: Simon Douglas
  • Publisher: Bloomsbury Publishing

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.

Questions Answers Law of Torts

  • Filename: questions-answers-law-of-torts.
  • ISBN: 9780198715801
  • Release Date: 2015-01-08
  • Number of pages: 232
  • Author: David Oughton
  • Publisher: Oxford University Press, USA

If you're feeling overwhelmed by a sea of revision, let OUP's Questions and Answers series keep you afloat! Written by experienced examiners, the Q&As offer expert advice on what to expect from your exam, how best to prepare, and guidance on what examiners are really looking for. Revision isn't always plain sailing, but the Q&As will allow you to approach your exams with confidence. Q&As will help you succeed by: - identifying typical law exam questions - giving you model answers for up to 50 essay and problem-based questions - demonstrating how to structure a good answer - helping you to avoid common mistakes - advising you on how to make your answer stand out from the crowd - teaching you how to use your existing knowledge to convey exactly what the examiner is looking for - directing you to related further reading

Tort Law Text and Materials

  • Filename: tort-law-text-and-materials.
  • ISBN: 9780199655380
  • Release Date: 2013-08-01
  • Number of pages: 980
  • Author: Mark Lunney
  • Publisher: Oxford University Press

The fifth edition of Lunney and Oliphant's market-leading tort law text provides a complete, authoritative guide to the subject. The book combines clear overviews of the law with well-chosen extracts from cases and materials supported by insightful commentary.

The Oxford Introductions to U S Law

  • Filename: the-oxford-introductions-to-u-s-law.
  • ISBN: 9780199996407
  • Release Date: 2010-06-03
  • Number of pages: 436
  • Author: John C.P. Goldberg
  • Publisher: Oxford University Press

Torts--personal injury law--is a fundamental yet controversial part of our legal system. The Oxford Introductions to U.S. Law: Torts provides a clear and comprehensive account of what tort law is, how it works, what it stands to accomplish, and why it is now much-disputed. Goldberg and Zipursky--two of the world's most prominent tort scholars--carefully analyze leading judicial decisions and prominent tort-related legislation, and place each event into its proper context. Topics covered include products liability, negligence, medical malpractice, intentional torts, defamation and privacy torts, punitive damages, and tort reform.

Introduction to Legal Nurse Consulting

  • Filename: introduction-to-legal-nurse-consulting.
  • ISBN: 0766810526
  • Release Date: 2001-01-01
  • Number of pages: 665
  • Author: Cynthia Weishapple
  • Publisher: Cengage Learning

This comprehensive book is a valuable reference tool for registered nurses who are engaged in-or considering-the challenging new career of legal nurse consulting. Ethical considerations, practice tips, and sample documents aid nurses in understanding their roles as legal nurse consultants. Helpful insights into making the transition from traditional nursing to this contemporary profession are featured. The book equips nurses with information and strategies to use their medical background and experience to assist a legal team in the resolution of medical-legal claims.

Tort Law

  • Filename: tort-law.
  • ISBN: 9780199550753
  • Release Date: 2010-04-29
  • Number of pages: 943
  • Author: Jenny Steele
  • Publisher: Oxford University Press

Tort Law: Text, Cases, and Materials offers a stimulating overview of tort law. It provides a sound analysis of the key principles before exploring a wide range of critical perspectives through an extensive selection of cases and materials. This is a complete stand-alone resource designed to map directly to undergraduate courses.

The Law of Torts Or Private Wrongs

  • Filename: the-law-of-torts-or-private-wrongs.
  • ISBN: 9781584775416
  • Release Date: 1859
  • Number of pages:
  • Author: Francis Hilliard
  • Publisher: The Lawbook Exchange, Ltd.

Reprint of the first edition. This was the first English-language treatise on the subject. As the Dictionary of American Biography points out, it marked the "beginning of a revolution in legal thought" because it was the first to approach torts as a distinct legal category. Before Hilliard, "practical text-writers...regarded such wrongs as too divergent in nature for unified treatment and merely discussed some distinct wrong" (V:53-54). Hilliard [1806-1878], a Harvard-educated attorney who lived in Boston, was a prolific and distinguished author of treatises on jurisprudence, real property, contracts, business law and other subjects.

The Interaction of Contract Law and Tort and Property Law in Europe

  • Filename: the-interaction-of-contract-law-and-tort-and-property-law-in-europe.
  • ISBN: 9783866537316
  • Release Date: 2004-01-01
  • Number of pages: 573
  • Author: Christian von Bar
  • Publisher: Walter de Gruyter

Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Property and the Constitution

  • Filename: property-and-the-constitution.
  • ISBN: 9781841130552
  • Release Date: 1999
  • Number of pages: 276
  • Author: Janet McLean
  • Publisher: Hart Publishing

In this set of essays,public lawyers, property lawyers and legal philosophers examine the public dimensions of private property. At a time when governments across the globe are privatising formerly public property, the public forum is being replaced by the privately owned shopping mall, and an increasing range of interests are being described as 'property', an examination of the powers which attach to ownership becomes all the more pressing. The contributors consider whether property is a human right, its role in making responsible citizens, its relationship to freedom of speech and other values, the proper scope of constitutional protections of private property, impediments to the redistribution of property, and attempts to redress historical wrongs by property settlements to indigenous people. Taking a richly comparative perspective, examples have been drawn from jurisdictions as diverse as the United Kingdom, South Africa, Germany, the United States, and New Zealand. Contributors: Janet McLean (ed), Kevin Gray, Susan Francis Gray, Geoffrey Samuel, J W Harris, Gregory Alexander, Andre van der Walt, Tom Allen, Jeremy Waldron, Maurice Goldsmith, Alex Frame, John Dawson, Michael Robertson.

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