Property and the Law of Finders

Zusatztext Property and the Law of Finders is a book that should be on the shelf of anyone interested in land law or who wishes to find out more about this particular area. Unlike many legal books it is not one that intimidates the reader before even cracking the cover since it is less than 200 pages in length and presents a very approachable proposition. The table of contents is logical in its organization and provides the reader with the ability to jump to a particular area with ease rather than having to trawl through keywords in a bloated index. Alternatively, should one have the time and sufficient interest, reading from cover to cover is something that is very realistic within a relatively small timeframe…Wrapped up with a succinct conclusion the book is organised well and is easy to follow for those within or without the legal profession.This is an achievement that should be well received by practitioners, students, and the public in general and should be read by anyone who wishes to more properly understand the law of finders and what rights a person may have, no matter what side of the argument they may lie upon. Informationen zum Autor Robin Hickey is a Senior Lecturer in Law at Queen’s University Belfast. Klappentext This is the first book to explain the body of English law that surrounds the question "Are finders keepers?" This most simple of questions has long evaded a satisfactory legal answer. Generally! it seems to have been accepted that a finder acquires a property right in the object of his or her find and can protect it from subsequent interference! but even this turns out to be the baldest statement of principle! resting on obscure and confused authority. This full-length treatment of finders sets them in their legal-historical context! focusing on a fascinating area of law lying at the crossroads of crime! obligations! and property. That! on the same facts! a finder might be a thief! a bailee! and/or a property right holder has clouded conceptual analysis and prevented the simple stating of rules about finding. Nonetheless! when the applicable doctrines and policies of property law! particularly the central concept of possession! are explored and understood in the light of countervailing Zusammenfassung This book sets finders in their legal-historical context and discovers an area of law lying at the crossroads of crime, obligations, and property. Inhaltsverzeichnis Introduction 1. The Legal Context of Armory Recovery of Lost Goods at Common Law Development of Forms of Action at Common Law Detinue The Fiction of Finding Trover and Conversion Finding as a Justificatory Excuse: 'The Law of Charity' Larceny by Finding Armory v Delamirie 2. The Possessor of Land Cases The Beginning: Right Follows Liability The Innovation: Right Follows Possession South Staffordshire Water Co v Sharman The Distraction: Evolution of the In/On Land Distinction Parker v British Airways Board The Mistake: Right Follows Circumstance of Find The Answer: Evidentiary Concessions to Proof of Possession 3. The Significance of the Facts of Loss The Relevance of Loss and Mislaying US State Common Law: Categorisation Designates Right English Common Law: Classification Influences Liability The Relevance of Hiding The Relevance of Abandonment The Significance of 'Finding' 4. The Obligations of a Finder Specifically Imposed Obligations Absence of Direct Authority Loser of Goods is a Background Consideration Honesty of Litigants Uncritical Reliance on Bailment The Finder as Bailee Liability Under General Duties Conversion Negligence Unjust Enrichment Obligations and Policy 5. Possession and the Rights of Finders Possession as a Source of Property Rights at Common Law Possession as the Basis of Trover Possession as the...

Product details

• Authors: Hickey, Robin Hickey
• Publisher: Bloomsbury
• Languages: English
• Product format: Hardback
• Released: 20.01.2010
• EAN: 9781841135755
• ISBN: 978-1-84113-575-5
• No. of pages: 196
• Series: Bloomsbury 3PL
• Subject: Social sciences, law, business > Law > International law, foreign law