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Chapter

Cover Equity

3. Creating Property  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. For many, Equity's greatest contribution to the law has been its manipulation of traditionally accepted concepts of property. This chapter deals with two strategies that Equity adapted to achieve its radical ends. Equity's first strategy is straightforward. Equity would sometimes regard certain assets as property even when the Common Law did not. This meant that these assets could be traded; they became usable wealth, at least in Equity's eyes. Equity's second strategy for manipulating concepts of property is more complicated. Equity will sometimes say that A ‘owns’ a car (or a company share, or an insurance pay-out) even though the Common Law says that B does. The chapter considers what it means when Equity says that A ‘owns’ property, and why the assertion is so ingenious.

Chapter

Cover Essential Cases: Criminal Law

Ivey v Genting Casinos [2017] UKSC 67, Supreme Court  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ivey v Genting Casinos [2017] UKSC 67, Supreme Court. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

Ivey v Genting Casinos [2017] UKSC 67, Supreme Court  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ivey v Genting Casinos [2017] UKSC 67, Supreme Court. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

14. The Body as Property  

A. M. Farrell and E. S. Dove

This chapter explores the debates that have arisen in relation to questions of ownership and control of our bodies, and what we are (or should be) able to do, with our separated human body parts and tissue. In recent years, this debate has centred on the status of the body as property, key aspects of which are examined in this chapter. In order to explore the parameters of this debate, the chapter proceeds with first identifying key terms, before moving on to examine key concepts such as ownership, control, and commodification; various property models in human tissue; and a comparative overview of jurisprudence addressing questions of trade and property in human tissue. Thereafter, an examination is provided of key UK case law which engages with the property approach in human tissue, covering reproductive material, the embryo, and the dead body, by way of example. The final section briefly examines intellectual property in human tissue.

Chapter

Cover Commercial Law

2. Personal property  

This chapter is intended to provide an introduction to the concepts that underpin the law as it relates to property other than estates and interests in land. The issues in the chapter are complex and there remain numerous troublesome areas where the law is far from clear. The chapter begins by considering some basic principles and outlining the way in which English law categorizes property before moving on to consider how ownership is best thought of as a bundle of rights over something that the law recognizes as something which can be owned. Two of the three types of proprietary claim to personal property are discussed here—ownership and possession—followed by a discussion of the nature of legal ownership, including co-ownership, along with the difference between legal and equitable ownership.

Chapter

Cover Essential Cases: Equity & Trusts

Coventry v Lawrence [2014] UKSC 13, Supreme Court  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Coventry v Lawrence [2014] UKSC 13, Supreme Court. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Criminal Law

R v Collins [1973] QB 100, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Collins [1973] QB 100, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Hinks [2001] 1 AC 241, House of Lords  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Hinks [2001] 1 AC 241, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Collins [1973] QB 100, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Collins [1973] QB 100, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Hinks [2001] 1 AC 241, House of Lords  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Hinks [2001] 1 AC 241, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Equity & Trusts

Coventry v Lawrence [2014] UKSC 13, Supreme Court  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Coventry v Lawrence [2014] UKSC 13, Supreme Court. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Concentrate Questions and Answers Land Law

5. Registered Land  

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents questions on registered land under the Land Registration Act (LRA) 2002 and deal with all aspects of registrable interests and two categories of interest which are not registrable substantively, which include minor (registrable interests that can be protected by the entry of a notice on the register), and overriding interests (a list of which is contained in Schedule 3, LRA 2002), alongside the mirror principle.

Chapter

Cover Holyoak and Torremans Intellectual Property Law

2. The international and European framework  

This chapter considers the international aspects of intellectual property rights. It summarizes the various international conventions, treaties, agreements, and protocols that are in place, all of which are administered by the World Intellectual Property Organization. The chapter also discusses European initiatives in the areas of patents, trade marks, industrial designs, and copyright.

Chapter

Cover Sealy and Hooley's Commercial Law

2. Basic concepts of personal property  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

This chapter explores some basic concepts of personal property and personal property law. It first explains the distinction between personal and real property before discussing the nature of personal property and analysing the characteristics and significance of property rights. There is then detailed consideration of ownership and possession of chattels, the acquisition and transfer of legal and equitable ownership, and attornment. This is followed by an account of the acquisition and transfer of legal and equitable ownership in choses in action and intangibles. The chapter concludes with an examination of the remedies for recovery of, and interference with, personal property and remedies available for protection of equitable property, including claims to trust assets and claims for breach of trust.

Chapter

Cover Essential Cases: Equity & Trusts

Hunter v Moss [1994] 1 WLR 452, Court of Appeal  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hunter v Moss [1994] 1 WLR 452, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Equity & Trusts

Hunter v Moss [1994] 1 WLR 452, Court of Appeal  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hunter v Moss [1994] 1 WLR 452, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

20. Article 1, First Protocol: The Right to Property  

David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green

This chapter discusses Article 1 of the First Protocol, which guarantees the right to property. Recognition of a pecuniary right in national law or practice will give rise to a ‘possession’ under the Convention. Article 1 imposes upon states positive obligations to protect property, and negative obligations not to interfere with the right to property without justification. It permits two types of interference: (i) deprivation of property where it is in the public interest and in accordance with national law and the general principles of international law; and (ii) control of use of property where it accords with national law and is in the general interest or to secure the payment of taxes or other contributions. Where interference does not fall within one of these categories, it is regulated under the first sentence of Article 1. The standard in all cases requires a ‘fair balance’ be struck between the public interest and the burden of the interference on the person.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

20. Article 1, First Protocol: The right to property  

David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley

Recognition of a pecuniary right in national law or practice will give rise to a ‘possession’ under the Convention. Article 1 imposes upon states positive obligations to protect property, and negative obligations not to interfere with the right to property without justification. It provides for two types of interference: deprivation of property is justified only where it is in the public interest and in accordance with national law and the general principles of international law; control of use of property is justified only where it accords with national law and is in the general interest or to secure the payment of taxes or other contributions. Where interference doesn’t fall into one of these types it is regulated under the first sentence of Article 1. The standard in all cases requires a ‘fair balance’ be struck between the public interest and the burden of the interference on the person.

Chapter

Cover Land Law

3. Personal Rights and Property Rights  

This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.

Chapter

Cover Thompson's Modern Land Law

1. Introduction to Property and Land  

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is a third-party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third-party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.