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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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The Tort of Conversion (Hardcover, New)
Loot Price: R5,085
Discovery Miles 50 850
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The Tort of Conversion (Hardcover, New)
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The legal and commercial importance of the tort of Conversion is
difficult to overstate, and yet there remains a sense that the
principles of the tort are elusive. Most recently, this was
illustrated by the difficulties posed for the House of Lords by the
Conversion issue in OBG v Allan [2007] UKHL 21, on which it was
closely divided. Conversion, as we now recognise it, has a complex
pedigree. Showing little regard for received taxonomies, it has
elements which make lawyers think in terms of property, despite its
eventful descent from actions in personam. Conversion is,
therefore, something of a hybrid creature, which perhaps explains
the paucity of scholarly analysis of the subject to date, property
lawyers and tort lawyers each regarding it as the other's concern.
This book is the first comprehensive appraisal of the modern tort
of Conversion. It offers a coherent and accessible rationalisation
of the subject, supported by rigorous analysis of all aspects, from
title to sue to the available remedies. The principal thesis of the
work is that the development of Conversion has somewhat stagnated,
and in consequence the tort has so far been unable to fulfil either
its theoretical or its practical potential as a legal device.
Whilst this is partly a result of historical factors, it is also a
consequence of the fact that no systematic examination of the tort
in England appears ever to have been carried out. The primary
objectives of the book, therefore, are to provide such an analysis,
to present Conversion as a useful and important tort, well suited
to the demands of contemporary law and commerce, and to offer a
principled framework for its future development.
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