Full Description
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.
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
