Property and the Law of Finders
By (author) Robin Hickey
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Property and the Law of Finders by Robin Hickey
Book DescriptionAre finders keepers? This most simple of questions has long evaded a satisfactory legal answer. Generally it seems to have been accepted that a finder acquires a property right in the object of her find and can protect it from subsequent interference, but even this turns out to be the baldest statement of principle, resting on obscure and confused authority. This first full-length treatment of finders sets them in their legal-historical context, and discovers a fascinating area of law lying at the crossroads of crime, obligations, and property. That on the same facts a finder might be thief, bailee, and/or property right holder has clouded our conceptual analysis, and prevented us from stating simply our rules about finding. Nonetheless, when the applicable doctrines and policies of our property law (particularly the central concept of possession) are explored and understood in the light of countervailing rules of crime and tort, we can argue confidently that, despite centuries of doubt and confusion, English law has succeeded in producing a body of law that is theoretically and practically coherent. Property and the Law of Finders makes this argument, and will appeal to anyone specifically interested in the law of personal property, and also to those with broader concerns about the evolution of common law concepts and their ability to yield workable, practical solutions.
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Book DetailsISBN: 9781841135755
(234mm x 156mm x 15mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 20-Jan-2010
Country of Publication: United Kingdom
Books By Author Robin Hickey
Landmark Cases in Property Law, Hardback (May 2015)View all books by Robin Hickey
This book explores the development of basic principles of property law in leading cases. Each paper considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence.
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Author Biography - Robin Hickey
Robin Hickey is a Lecturer in Law at Queen's University Belfast.
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