New Perspectives on Property Law: Obligations and Restitution

by Hudson,Alistair

• ISBN13: 9781859418420
• ISBN10: 1859418422
• Format: Nonspecific Binding
• Copyright: 2003-11-30
• Publisher: Cavendish Pub Ltd

Summary

The essays in this collection examine the conceptual notions of property and obligations in law. Ideas of property and of obligations are central, organising concepts within law but are nevertheless liable to fragmentation and esoteric development when applied in particular contexts. In particular this collection focuses on the ways in which those concepts are applied to commercial law, land law, human rights law, intellectual property law, the law of restitution, company law and legal theory. This is a challenging and progressive collection of essays which cohere into an extensive examination of private law.

Table of Contents

Preface	v
List of contributors	vii
Introduction	xi
THE NATURE OF THE LAW OF PROPERTY AND ITS RELATIONSHIP WITH THE LAW OF OBLIGATIONS
The unbearable lightness of property	1	(38)
Alastair Hudson
The (virtue) ethics of private property: a framework and implications	39	(30)
David Lametti
The relationship between property law and tort law	69	(18)
Paula Giliker
Property and contract: where are we?	87	(30)
David Pearce
The Land Registration Act 2002 and the nature of ownership	117	(12)
Elizabeth Cooke
The reform of property law and the Land Registration Act 2002: a risk assessment	129	(22)
Martin Dixon
FOUNDATIONAL QUESTIONS IN THE DOCTRINE OF RESTITUTION OF UNJUST ENRICHMENT
The taxonomic approach to restitution	151	(14)
Steve Hedley
The theory of unjust enrichment	165	(22)
Peter Jaffey
Property and unjust enrichment: a misunderstood relationship	187	(16)
Craig Rotherham
Vindicating vindication: Foskett v McKeown reviewed	203	(20)
Graham Virgo
Restitution of property you do not own anyway	223	(10)
Andrew Tettenborn
The policy against accumulation and three party cases: Roxborough v Rothmans of Pall Mall Australia	233	(14)
Simone Degeling
PROPERTY AND OBLIGATIONS IN COMMERCIAL TRANSACTIONS
On the redundancy of the concept of bailment	247	(32)
Gerard McMeel
Whose molecule is it anyway? Private and social perspectives on intellectual property	279	(26)
Sol Picciotto
David Campbell
Simplifying copyright law	305	(14)
Jonathan Griffiths
Property rights, international trade and human rights	319	(12)
Janet Dine
The company: property, power and responsibility	331	(14)
Lisa Whitehouse
Mutuals and co-operatives: property, obligations, business and dedicated assets	345	(14)
Ian Snaith
Rapporteur's overview: between morality and formalism in property, obligations and restitution	359	(14)
Alastair Hudson
Index	373