This book analyses the problems caused by relying on tort law
mechanisms to protect tangible property interests in the common law
and suggests a new way of thinking to rectify these issues. As English
common law relies primarily on tort law for the protection of tangible
property interests, property rights are protected by a group of claims
that as a whole are informed by a set of concerns that have little to
do with the vindication of property rights. The book demonstrates how
tort law tends to focus on loss within the case law and argues that
this fundamental mismatch wholly undermines the category of property
rights, since the protection of property through tort is
simultaneously too broad and too narrow. Discussing trespass to goods,
trespass to land, private nuisance, conversion, and negligent property
damage, the book advances a novel way of re-thinking about the
property-protecting torts, far better suited to their unique role
within the law. Using cases throughout, the book will be of interest
to students, scholars, and practitioners within the fields of property
law, tort law, and private law in general.
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Product details
ISBN
9781040397459
Published
2025
Edition
1. edition
Publisher
Taylor & Francis
Language
Product language
Engelsk
Format
Product format
Digital bok
Author