Private Law and Property Claims

(Hardback)

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Description

Private Law and Property Claims sets out a distinctive analysis of some general issues in private law, including the nature of categories such as contract, tort and property, duties and liabilities as the basis of claims in private law, and the relationship between primary rights and remedies. In the light of this analysis, it offers a new approach to property in private law, including claims that arise to protect and recover property. It goes on to discuss the law of trusts, fiduciary relationships, and tracing; the remedial role of the trust; the nature of equity as a legal category; and the relationship between property and claims in tort to protect property. It also exposes the misconceptions underlying the modern approach to restitution and unjust enrichment and the problems this is causing in private law.

Reviews

The analysis of the subject matter contained in this book is refreshingly lucid and is in many respects distinctive. Not only does it cover topics of general interest to scholars of private law, but it deals in depth with claims and liabilities in particular fields, as well as the relationship between claims and remedies in private law and in specific areas of property law. Its approach to property in private law is both interesting and provocative, and its discussion of the discrete topics of trusts, fiduciary relationships, tracing, restitution, etc, is a useful addition to the debate currently aimed at exposing some of the difficulties and misunderstandings surrounding these issues. All in all this is a readable, accessible and valuable addition to the libraries of both private/ property lawyers and private/ property law theorists. -- Valerie Humphreys * Conveyancer and Property Lawyer 2008 *
Its object is to investigate the structure of private law and to illuminate some of the more important general principles and important doctrines of private law. There is abundant evidence that the work has achieved this objective. -- Anthony Lo Surdo * Australian Banking and Finance Law Bulletin Vol 23, No 5, Oct 2007 *

Author Bio

Peter Jaffey is a Professor of Law at Brunel University.