The Tort of Conversion
eBook - PDF

The Tort of Conversion

  1. 244 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

The Tort of Conversion

About this book

The legal and commercial importance of the tort of Conversion is difficult to overstate, and yet there remains a sense that the principles of the tort are elusive. Most recently, this was illustrated by the difficulties posed for the House of Lords by the Conversion issue in OBG v Allan [2007] UKHL 21, on which it was closely divided. Conversion, as we now recognise it, has a complex pedigree. Showing little regard for received taxonomies, it has elements which make lawyers think in terms of property, despite its eventful descent from actions in personam. Conversion is, therefore, something of a hybrid creature, which perhaps explains the paucity of scholarly analysis of the subject to date, property lawyers and tort lawyers each regarding it as the other's concern. This book is the first comprehensive appraisal of the modern tort of Conversion. It offers a coherent and accessible rationalisation of the subject, supported by rigorous analysis of all aspects, from title to sue to the available remedies. The principal thesis of the work is that the development of Conversion has somewhat stagnated, and in consequence the tort has so far been unable to fulfil either its theoretical or its practical potential as a legal device. Whilst this is partly a result of historical factors, it is also a consequence of the fact that no systematic examination of the tort in England appears ever to have been carried out. The primary objectives of the book, therefore, are to provide such an analysis, to present Conversion as a useful and important tort, well suited to the demands of contemporary law and commerce, and to offer a principled framework for its future development.

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Yes, you can access The Tort of Conversion by Sarah Green,John Randall in PDF and/or ePUB format, as well as other popular books in Law & Tort Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Hart Publishing
Year
2009
Print ISBN
9781841138336
eBook ISBN
9781847315458
Edition
1
Topic
Law
Subtopic
Tort Law
Index
Law
action
eight
years
earlier
since,
although
the
letter
had
been
a
demand
(and
an
equivocal
one
at
that),
167
the
respondent’s
lack
of
response
did
not
constitute
an
unequivocal
refusal.
168
Consequently,
where
an
act
is
a
Conversion
only
by
reason
of
this
particular
statutory
provision,
this
requirement
needs
to
be
added
to
those
principles
outlined
above.
169
167
[2008]
EWHC
521
(QB),
(2008)
105
LSG
26
at
[30].
168
Although
the
Judge
did
acknowledge
that,
in
certain
rare
circumstances,
such
behaviour
might
amount
to
an
unequivocal
refusal:
ibid
at
[22].
169
See
Clerk
&
Lindsell
(n
10)
at
para
17–03:
it
does
not
matter
if
the
bailee
is
no
longer
in
possession
of
the
goods,
and
that
this
is
the
reason
for
the
unequivocal
refusal,
since
a
bailee
cannot
invoke
his
own
wrong
in
order
to
evade
his
liability
to
his
bailor.
Statutory
Conversion
79

Table of contents

  1. Cover
  2. Prelims
  3. Foreword by Lord Neuberger of Abbotsbury
  4. Preface
  5. Table of Contents
  6. Table of Cases
  7. Table of Statutes and Other Official Publications
  8. 1 Introduction
  9. 2 The History of Conversion
  10. 3 What is a Conversion?
  11. 4 Title to Sue
  12. 5 The Subject Matter of Conversion
  13. 6 Conversion and the Economic Torts
  14. 7 Damages and Other Remedies
  15. 8 Conclusion
  16. Bibliography
  17. Index