Landmark Cases in Land Law

Landmark Cases in Land Law

The eleven cases in this volume cover the period 1834 to 2011, although, interestingly, no fewer than six of the cases were decided or reported in the 1980s. The names of the selected cases will be familiar to property lawyers.

Author: Nigel Gravells

Publisher: Bloomsbury Publishing

ISBN: 9781782251521

Category: Law

Page: 304

View: 721

Landmark Cases in Land Law is the sixth volume in the Landmark Cases series of collected essays on leading cases (previous volumes in the series having covered Restitution, Contract, Tort, Equity and Family Law). The eleven cases in this volume cover the period 1834 to 2011, although, interestingly, no fewer than six of the cases were decided or reported in the 1980s. The names of the selected cases will be familiar to property lawyers. However, individually, the essays provide a reappraisal of the cases from a wide range of perspectives - focusing on their historical, social or theoretical context, highlighting previously neglected aspects and even questioning their perceived importance. Collectively, the essays explore several common themes that pervade the law of property – the numerus clausus principle, the conclusiveness of registration, the desirability of certainty in the law and the central question of the enforceability of interests through changes in ownership of land. This volume provides a collection of essays that will be of interest to academics, students and practitioners.
Categories: Law

Landmark Cases in Property Law

Landmark Cases in Property Law

What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished?

Author: Simon Douglas

Publisher: Bloomsbury Publishing

ISBN: 9781509900275

Category: Law

Page: 344

View: 855

Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.
Categories: Law

Land Law

Land Law

Homes as Wealth' in N Gravells (ed), Landmark Cases in Land Law (Oxford: Hart Publishing, 2013a). Jackson, N, Overreaching in Registered Land Law' (1996) 69 MLR 214. Law Commission Consultation Paper No 227, Updating the Land ...

Author: Ben McFarlane

Publisher: Oxford University Press

ISBN: 9780198735328

Category: Land tenure

Page: 444

View: 257

Authoritative, analytical, and concise, McFarlane, Hopkins and Nield's 'Land Law' provides succinct coverage on the core areas without sacrificing depth or detail. The authors' unique approach to land law arms students with the tools to apply an independent, critical thought process to the content covered in classes and assessments.
Categories: Land tenure

Landmark Cases in Succession Law

Landmark Cases in Succession Law

The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the ...

Author: Brian Sloan

Publisher: Bloomsbury Publishing

ISBN: 9781509919024

Category: Law

Page: 368

View: 584

The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the 'landmark' cases in any given field. Succession law's long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a 'landmark' case, as well as on the peculiarities and limitations of the case law method.
Categories: Law

Landmark Cases in Property Law

Landmark Cases in Property Law

Despite these caveats, this chapter argues that Benn v Hardinge deserves to be viewed as a landmark case. Notably, the case demonstrates the reluctance of the common law to facilitate the abandonment of property rights in land.

Author: Simon Douglas

Publisher: Bloomsbury Publishing

ISBN: 9781509900268

Category: Law

Page: 344

View: 754

Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.
Categories: Law

Land Law

Land Law

'Land Law' provides a bridge between course textbooks and key case judgments. 'Essential Cases' provides you with succinct summaries of some of the landmark and most influential cases in land law.

Author: Aruna Nair

Publisher:

ISBN: 0191897639

Category: Land tenure

Page:

View: 109

'Land Law' provides a bridge between course textbooks and key case judgments. 'Essential Cases' provides you with succinct summaries of some of the landmark and most influential cases in land law. Each summary begins with a review of the main case facts and decisions. The summary is then concluded with expert commentary on the case from the author, Aruna Nair, including her assessment of the wider questions raised by the decision.
Categories: Land tenure

Landmark Cases in Equity

Landmark Cases in Equity

The case itself is, of course, familiar to practitioners, and is one of the very few equity or land law cases that students can unfailingly recall. It is regularly cited across the common law world, and has been used to justify ...

Author: Charles Mitchell

Publisher: Bloomsbury Publishing

ISBN: 9781847319753

Category: Law

Page: 750

View: 867

Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.
Categories: Law

Landmark Cases in the Law of Tort

Landmark Cases in the Law of Tort

This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.

Author: Charles Mitchell

Publisher: Bloomsbury Publishing

ISBN: 9781847315670

Category: Law

Page: 400

View: 253

Landmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been – undeservedly – assigned minor importance. Other essays explore the judicial methodologies and techniques that worked to shape leading principles of tort law. So much of tort law turns on cases, and there are so many cases, that all but the most recent decisions have a tendency to become reduced to terse propositions of law, so as to keep the subject manageable. This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.
Categories: Law

Landmark Cases in Succession Law

Landmark Cases in Succession Law

CASES. IN. SUCCESSION. LAW. The Landmark Cases series highlights the historical antecedents of what are widely ... scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law.

Author: Brian Sloan

Publisher: Bloomsbury Publishing

ISBN: 9781509919017

Category: Law

Page: 368

View: 438

The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the 'landmark' cases in any given field. Succession law's long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a 'landmark' case, as well as on the peculiarities and limitations of the case law method.
Categories: Law

Law Express Land Law

Law Express  Land Law

Make your answer stand out Mention one or more of the following in your answer: Case law post-Stack v Dowden. Lord Neuberger's divergent view in ... Law Commission's proposals. ... Landmark Cases in Land Law in Oxford: Hart Publishing.

Author: John Duddington

Publisher: Pearson UK

ISBN: 9781292210513

Category: Law

Page: 248

View: 869

JOIN OVER HALF A MILLION STUDENTS WHO CHOSE TO REVISE WITH LAW EXPRESS Revise with the help of the UK’s bestselling law revision series. Features: · Review essential cases, statutes, and legal terms before exams. · Assess and approach the subject by using expert advice. · Gain higher marks with tips for advanced thinking and further discussions. · Avoid common pitfalls with Don’t be tempted to. · Practice answering sample questions and discover additional resources on the Companion website. www.pearsoned.co.uk/lawexpress
Categories: Law