Liability for wrongful interferences with chattels Simon Douglas.

Format:

Book

Author/Creator:

Douglas, Simon, 1983- author.

Language:

English

Subjects (All):

Torts--England.

Personal property--England.

Physical Description:

1 online resource (243 p.)

Edition:

1st ed.

Place of Publication:

Oxford, U.K. Portland, Oregon Hart Publishing 2011.

Language Note:

English

Summary:

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

Contents:

1: INTRODUCTION

I. T he Focus on the Law of Torts

II. T he Proposed Structure

PART I: THE RIGHTS PROTECTED BY THE CHATEL TORTS

2: PROPERTY RIGHTS RELATING TO CHATELS

3: TYPES OF PROPERTY RIGHTS

PART II: LIABILITY FOR INTENTIONAL INTERFERENCES WITH CHATELS

INTRODUCTION TO PART II

4: CONVERSION

5: DETINUE

6: TRESPAS

7: A SINGLE TORT

PART II: LIABILITY FOR UNINTENTIONAL INTERFERENCES WITH CHATELS

8: INTRODUCTION TO THE TORT OF NEGLIGENCE

9: ESTABLISHING 'DUTY' AND 'FAULT' IN NEGLIGENCE

PART IV: APPLYING THE STRUCTURE TO REMEDIES

10: COMPENSATION

11: CONCLUSION

Notes:

Description based upon print version of record.

Includes bibliographical references (pages [209]-215) and index

ISBN:

9786613529442

9781847318206

1847318207

9781472561053

1472561058

9781280125584

1280125586

9781847318466

1847318460

OCLC:

782931588