The Principles of Personal Property Law

The law of personal property covers a very wide spectrum of scenarios and has had little detailed scrutiny of its overarching structure over the years. This is a shame. It is a system and can best be understood as a system. Indeed without understanding it as a system, it becomes much more difficult to understand. The second edition of this acclaimed textbook continues to provide a comprehensive and yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The book will be of use to students on undergraduate commercial law courses, or related LLM courses, as well as those on integrated property law courses, and particularly specialised personal property modules. It will also be useful to academics and practitioners working in the area. Contents Table of Cases Table of Legislation Table of Conventions, Treaties, etc 1 The Basic Concepts of Personal Property Law I. Introduction II. Subdividing Personal Property III. Ownership, Possession and Legal Title IV. Equitable Title under a Trust123 V. Original Modes of Acquisition VI. Conclusion 2 Transfer of Legal Title to Tangibles I. Introduction II. Passage of Property under Sale of Goods Act 1979 III. Deed IV. Delivery V. Conclusion 3 Nemo Dat Quod Non Habet I. Introduction II. Exceptions to Nemo Dat III. Overreaching IV. Conclusion 4 Assignment of Legal Choses in Action I. Introduction II. Statutory (Legal) Assignment III. Equitable Assignment IV. "Subject to Equities" and Priority Rules V. Non-Assignable Choses in Action VI. Conclusion 5 Disposition of Subsisting Equitable Interests I. Introduction II. Five Scenarios: When is Writing Required? III. Surrender v Disclaimer IV. Priorities V. Conclusion 6 Negotiation and Negotiable Instruments I. Introduction II. What is a Negotiable Instrument? III. Transfer and Operation of Bills of Exchange30 IV. Negotiation of Bills of Lading V. Commercial Uses of Bills of Exchange VI. Conclusion 7 Defective Transfers and Payments I. Introduction II. Void Transfers III. Resulting Trusts IV. Voidable Transfers148 V. Conclusion 8 Protection of Legal Title via Tort Law I. Introduction II. Conversion III. Trespass to Goods IV. Replevin and Reversionary Injury V. Conclusion 9 Protection of Equitable Title: Remedies for Misdirected Property I. Introduction II. Tracing III. Proprietary Claims Contingent on Tracing IV. Subrogation V. Personal Claims VI. Conclusion 10 Bailment and Attornment I. Introduction II. What is Bailment? III. Attornment IV. Commercial Uses of Bailment V. Is Bailment Necessary? VI. Conclusion 11 Security Interests and Quasi-Security I. Introduction II. Function of Security and Quasi-Security III. The Types of Security Interest IV. The General Rules V. Quasi-Security Interests VI. Conclusion 12 Pledges and Liens I. Introduction II. Pledges III. Liens IV. Conclusion 13 Mortgages and Bills of Sale I. Introduction II. What is a Mortgage? III. Enforcement IV. Conclusion 14 Equitable Charges I. Introduction II. Floating and Fixed Charges III. The Nature of the Floating Charge IV. Remedies of the Chargee on Default V. Conclusion 15 Secured Transactions Law Reform I. Introduction II. Reform in other Jurisdictions III. Conclusion 16 Concluding Observations Index Présentation de l'éditeur : "The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law." The Basic Concepts Of Personal Property Law -- Transfer Of Legal Title To Tangibles -- Nemo Dat Quod Non Habet -- Assignment Of Legal Choses In Action -- Disposition Of Subsisting Equitable Interests -- Negotiation And Negotiable Instruments -- Defective Transfers And Payments -- Protection Of Legal Title Via Tort Law -- Protection Of Equitable Title : Remedies For Misdirected Property -- Bailment And Attornment -- Security Interests And Quasi-security -- Pledge And Lien -- Mortgages And Bills Of Sale -- Equitable Charges -- Secured Transactions Law Reform -- Concluding Observations. Duncan Sheehan. Includes Bibliographical References And Index.