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Liability For Wrongful Interferences With Chattels

Author: Simon Douglas
Publisher: Bloomsbury Publishing
ISBN: 1847318207
Size: 45.14 MB
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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.

Defences In Equity

Author: Paul S Davies
Publisher: Bloomsbury Publishing
ISBN: 150992101X
Size: 37.11 MB
Format: PDF
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This book is the fourth in a series of essay collections on defences in private law. It addresses defences to liability arising in equity. The essays range from those adopting a mainly doctrinal perspective to others that explore the law from a more philosophical perspective. Some essays concentrate on specific defences, while others are concerned with the links between defences, or with how defences relate to the structure of the law of equity generally. One aim of the book is to shed light on equitable doctrines by analysing them through the lens of defences. The essays offer original contributions to this complex, important but neglected field of scholarly investigation. The contributors – judges, practitioners and academics – are all distinguished jurists. The essays are addressed to all of the major common law jurisdictions.

Essentials Of Torts

Author: William Statsky
Publisher: Cengage Learning
ISBN: 1401879640
Size: 67.91 MB
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Ideal for instructors in need of a concise text, ESSENTIALS OF TORTS, Third Edition is a practical and relevant guide for the paralegal as well as for anyone preparing for a career in the field of law. Well-written, logical, and full of interesting and diverse pedagogical material, this text focuses on paralegal roles in tort litigation while providing students with a comprehensive overview of the law of torts. This condensed version of Statsky’s TORTS: PERSONAL INJURY LITIGATION, Fifth Edition, ESSENTIALS OF TORTS has been thoroughly updated to include topics that are relevant for today’s students including the Internet, terrorism, 9/11, and tort liability. Chapter objectives, margin definitions, review questions, and numerous exhibits are included in each chapter and serve to reinforce chapter concepts. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Landmark Cases In Property Law

Author: Simon Douglas
Publisher: Bloomsbury Publishing
ISBN: 1509900268
Size: 18.22 MB
Format: PDF
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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 Â? 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.

The Law Of International Responsibility

Author: James Crawford
Publisher: Oxford University Press
ISBN: 0199296979
Size: 50.40 MB
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The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Torts Cases And Problems

Author: Frank J. Vandall
Publisher: LexisNexis
ISBN: 032717398X
Size: 53.91 MB
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Torts: Cases and Problems is designed to be a book that is fun to teach and fun to read. The clear focus of the book is on the cases presented. There are problems throughout the book that invite discussion and analysis, but notes are minimal. Exciting recent and newsworthy cases have been added to many chapters rendering this book completely up-to-date on issues and developments that would be covered in any Torts course. The new cases include: Chapter 2: Intentional Torts • Zavala v. Walmart Stores, Inc. • Yates v. John Marshall Law School Chapter 3: Privileges • Koffman v. Garnett • CCH v. Philadelphia Phillies, Inc. Chapter 4: Duty • Chapa v. Traciers & Associates, Inc. • Binns v. Westminster Memorial Park Chapter 5: Negligence • John B. v. Superior Court of Los Angeles County Chapter 6: Cause in Fact • Georgia Pacific Corp. v. Bostic • Daubert v. Merrell Dow Pharmaceuticals, Inc. Chapter 7: Proximate Cause • Hamblin v. State Chapter 8: Multiple Defendants: Joint and Several Liability • Banks v. Elks Club Pride of Tennessee • Richards v. Badger Mutual Ins. Co. Chapter 9: The Liability of Landowners • Wrinkle v. Norman Chapter 10: Damages • State Farm Mutual Automobile Ins. Co. v. Campbell Chapter 11: The Wrongful Death and Survival Statutes • Langan v. St. Vincent's Hospital of New York Chapter 12: Strict Liability • Dyer v. Maine Drilling and Blasting, Inc. Chapter 13: Products Liability • Powers v. Taser International, Inc. • Freeman v. Hoffman-LaRoche, Inc. • Mikolajczyk v. Ford Motor Company Chapter 14: Defenses • Patterson v. Sacramento City Unified School District • Vinikoor v. Pedal Pennsylvania, Inc. • Ford v. Polaris Industries, Inc. Chapter 15: Toxic Torts • Neal v. Dow Agrosciences LLC • In re: Hanford Nuclear Reservation LitigationPhillips v. E.I. DuPont de Nemours & Co. • Burlington Northern and Santa Fe Railway Company v. United States Chapter 21: Tortious Interference with Contract • Walnut Street Associates, Inc., v. Brokerage Concepts, Inc.

Personal Property Law

Author: Michael Bridge
Publisher: OUP Oxford
ISBN: 019106081X
Size: 60.64 MB
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What type of right is a property right? How are items of property classified for legal purposes? In this revised edition of Personal Property Law, Michael Bridge provides answers to these fundamental questions of property law. His critical analysis includes new material on insolvency, in particular the anti-deprivation principle and the pari passu rule, as well as comprehensive accounts of recent case law (OBG v Allan, Yearworth, and Datastream,) and statutory developments. Widely considered to be the best short introduction to English personal property law, Bridge constructs an authoritative and systematic summary of this complex field for readers approaching the subject for the first time. It focuses on the acquisition, loss, transfer, and protection of interests in personal property law, and specific topics include: ownership and possession; treatment of the separate contributions of the common law and equity to modern personal property law; discussion of modes of transfer; the means of protecting property interests; the resolution of disputes concerning title to personal property; the grant of security interests, and the issues arising out of the transformation and mixing of tangible personal property.