Liability for Wrongful Interferences with Chattels

Liability for Wrongful Interferences with Chattels
Author: Simon Douglas
Publisher: Bloomsbury Publishing
Total Pages: 171
Release: 2011-11-02
Genre: Law
ISBN: 1847318207

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.

Liability for Wrongful Interferences with Chattels

Liability for Wrongful Interferences with Chattels
Author: Simon Douglas
Publisher:
Total Pages: 222
Release: 2011
Genre: Electronic books
ISBN: 9781472561053

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.

Markesinis and Deakin's Tort Law

Markesinis and Deakin's Tort Law
Author: Simon F. Deakin
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2008
Genre: Damages
ISBN: 9780199282463

Fully updated to cover developments including the Protection from Harassment Act 1997, the Human Rights Act, Regina vs. Ireland, and Regina vs. Burstow, this book provides comprehensive commentary on tort law. The authors provide a variety of comparative and economic perspectives upon the area.

Limitations of Actions in Conversion and Detinue

Limitations of Actions in Conversion and Detinue
Author: Manitoba. Law Reform Commission
Publisher:
Total Pages: 35
Release: 2011
Genre: Limitation of actions
ISBN: 9780771115578

This project originates from the Manitoba Law Reform Commission's Limitations report, published in October 2010. In the Limitations report, the Commission identified what it saw as the primary areas of Manitoba limitations law requiring modernization, and the best ways of accomplishing that goal. The Commission recommended the abolition of various categories of claims and favoured a single, basic two-year limitation from the date of discovery, applicable to all claims unless they are otherwise dealt with in the new Act. The Commission also recommended an ultimate 15-year limitation period running from the day on which the act or omission on which the claim is based took place, beyond which no claim may be brought. This system, designed around a single basic two-year limitation period and a 15-year ultimate limitation period, will be referred to in this report as the "standard limitation regime".

The Law of Torts

The Law of Torts
Author: Philip H. Osborne
Publisher:
Total Pages: 532
Release: 2011
Genre: Law
ISBN:

The Law of Torts by Philip Osborne is an indispensable resource for practitioners, judges, and students seeking a concise and accessible introduction to the principles of tort law in Canada, the social policies underlying the law, and current trends in judicial decision-making. The book reviews the foundations, characteristics, and objectives of tort law generally with specific discussion of the central concepts of negligence, intentional torts, strict liability and vicarious liability, nuisance, and defamation. It provides insightful analysis of the relationships between tort law and other branches of private law, including contract law and restitution, and public law, particularly the Charter of Rights and Freedoms. The fourth edition includes new sections dealing with negligent investigations, malicious prosecution and Crown prosecutors, responsible communication on a matter of public interest, reportage, and cyber-defamation. The Canadian law of torts is described as it was on 1 January 2011.

Possession, Relative Title, and Ownership in English Law

Possession, Relative Title, and Ownership in English Law
Author: Luke Rostill
Publisher: Oxford University Press
Total Pages: 192
Release: 2021-02-10
Genre: Law
ISBN: 0192581058

This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.

A Company's Right to Damages for Non-Pecuniary Loss

A Company's Right to Damages for Non-Pecuniary Loss
Author: Vanessa Wilcox
Publisher: Cambridge University Press
Total Pages: 227
Release: 2016-09-01
Genre: Law
ISBN: 1316668525

Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems. One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves. In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles. This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.

Tort Law

Tort Law
Author: Jenny Steele
Publisher: Oxford University Press
Total Pages: 997
Release: 2017
Genre: Law
ISBN: 019876880X

'Tort Law' offers a stimulating introduction to the subject. Jenny Steele provides a sound analysis of the key principles before exploring a wide range of critical perspectives through an extensive selection of cases and materials.

Proof of Causation in Tort Law

Proof of Causation in Tort Law
Author: Sandy Steel
Publisher: Cambridge University Press
Total Pages: 461
Release: 2015-09-11
Genre: Law
ISBN: 1316381072

Causation is a foundational concept in tort law: in claims for compensation, a claimant must demonstrate that the defendant was a cause of the injury suffered in order for compensation to be awarded. Proof of Causation in Tort Law provides a critical, comparative and theoretical analysis of the general proof rules of causation underlying the tort laws of England, Germany and France, as well as the exceptional departures from these rules which each system has made. Exploring the different approaches to uncertainty over causation in tort law, Sandy Steel defends the justifiability of some of these exceptions, and categorises and examines the kinds of exceptional rules suggested by the case law and literature. Critically engaged with both the theoretical literature and current legal doctrine, this book will be of interest to private law scholars, judges and legal practitioners.