Landmark Cases in Property Law

by Simon Douglas (Editor), Paul Mitchell (Editor), Robin Hickey (Editor), Emma Waring (Editor)

Overview

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 - 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.

Product Details

ISBN-13:	9781509916023
Publisher:	Bloomsbury Academic
Publication date:	08/24/2017
Series:	Landmark Cases
Pages:	338
Product dimensions:	6.14(w) x 9.21(h) x 0.70(d)

About the Author

Simon Douglas is a Fellow and Tutor in Law at Jesus College, Oxford University.
Robin Hickey is a Senior Lecturer in Law at Queen's University Belfast.
Emma Waring is a Lecturer in Law at York Law School, The University of York.

Table of Contents

Preface v

List of Contributors ix

Table of Cases xi

Table of Legislation xxiii

Part A The Boundaries of Property

I Tangible Things 1

1 Banks v Whetson (1596) David Fox 3

2 Yearworth v North Bristol NHS Trust [2009]: Instrumentalism and Fictions in Property Law James Lee 25

II Intangible Things 49

3 Millar v Taylor (1769): Landmark and Beacon. Still Catherine Seville 53

4 Phillips v Mulcaire [2012]: A Property Paradox? Emily Hudson 75

5 OBG v Allan [2007] Sarah Green 111

Part B Doctrinal Issues

I Acquisition of Property Rights 127

6 Armory v Delamirie (1722): Possession, Obligation, and the Evolution of Relative Title to Goods Robin Hickey 131

7 Bruton v London & Quadrant Housing Trust [2000]: Relativity of Title, and the Regulation of the 'Proprietary Underworld' Amy Goymour 151

8 The Politics of Lloyd's Bank v Rosset [1991] Lorna Fox O'Mahony 179

II Content of Property Rights 201

9 Kuwait Airways Corporation v Iraqi Airways Company [2002] Simon Douglas 205

10 Belfast Corporation v OD Cars [1959]: Setting Parameters for Restricting Use Rachael Walsh 227

III Destruction of Property Rights 253

11 Benn v Hardinge (1993) Emma Waring 257

12 Star Industrial Co Ltd v Yap Kwee Kor [1976]: The End of Goodwill in the Tort of Passing Off Jonathan Griffiths 277

Index 291

Editorial Reviews

I highly recommend this book to Canadian legal practitioners and academics with an interest in property law. Anyone concerned with some of the most enduring issues in this area of law will profit from reading this collection.
Canadian Business Law Journal

This is a fine collection of essays with much to offer to property lawyers, teachers and students. The broad coverage of different aspects of property law in one of many attractive features.
The Cambridge Law Journal

From the Publisher