Liability for Wrongful Interferences with Chattels (Hardcover, New)

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.

General

Imprint:	Hart Publishing
Country of origin:	United Kingdom
Release date:	November 2011
First published:	2011
Authors:	Simon Douglas
Dimensions:	234 x 156 x 22mm (L x W x T)
Format:	Hardcover
Pages:	242
Edition:	New
ISBN-13:	978-1-84946-151-1
Categories:	Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > General
LSN:	1-84946-151-1
Barcode:	9781849461511

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