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This book, for the first time, sets out in comprehensive and accessible fashion the law on acquiring, surrendering and transferring ownership rights in goods and chattels. These are issues that have the potential to present themselves in contentious and non-contentious matters of various kinds, for example in the contexts of testamentary and lifetime gifts and the law of mixtures, finding and bailment. It will therefore be of interest to a broad range of practitioners, as well as academics with an interest in property.
This book, for the first time, sets out in comprehensive and accessible fashion the law on acquiring, surrendering and transferring ownership rights in goods and chattels. These are issues that have the potential to present themselves in contentious and non-contentious matters of various kinds, for example in the contexts of testamentary and lifetime gifts and the law of mixtures, finding and bailment. It will therefore be of interest to a broad range of practitioners, as well as academics with an interest in property.
This monograph is concerned with two foundational principles of English property law: the principle of relativity of title and the principle that possession is a source of title. It is impossible to understand the relationship between possession and ownership in English law unless one has a sound understanding of these principles. Yet the principles have been interpreted in different ways by judges, practitioners, and academics. The volume seeks to illuminate this area of law by addressing four questions. What is possession? What is the nature of the title acquired through possession? What are the grounds of relativity of title? And, what is the relationship between relativity of title and ownership? Drawing on the analysis of the law concerning relativity of title and the acquisition of proprietary interests through possession, the author also implies that the architecture of land law and the law of personal property have many similarities.
This book is a systematic analysis of the modern English law of domestic sale of goods, covering in detail the following aspects of sale of goods contracts:* formation and definitions* passing of property and risk* mistake and frustration* contents of the contract and implied terms* delivery and payment* termination for breach* exclusion clauses* remedies and transfer of title.Full treatment is given to proprietary matters and the significant reforms which have taken place in recent years including the Sale and Supply of Goods Act 1994, and the Sale of Goods (Amendment) Act 1995. The general law of contract is dealt with as it affects the special contract of sale, butexport sales materials are treated only to the extent that they illustrate delivery and payment. The paperback edition also includes a new preface designed for the student reader, covering recent developments in the sale of goods. This thorough and comprehensive book will be a valuable resource forstudents of commercial law as well as academics and practitioners working in the area.