What type of right is a property right? How are items of property classified for legal purposes? In this revised edition ofPersonal Property Law, Michael Bridge provides answers to these fundamental questions of property law. His critical analysis includes new material on insolvency, in particular the anti-deprivation principle and the pari passu rule, as well as comprehensive accounts of recent case law (OBG v Allan, Yearworth, and Datastream,) and statutory developments.
Widely considered to be the best short introduction to English personal property law, Bridge constructs an authoritative and systematic summary of this complex field for readers approaching the subject for the first time. It focuses on the acquisition, loss, transfer, and protection of interests in personal property law, and specific topics include: ownership and possession; treatment of the separate contributions of the common law and equity to modern personal property law; discussion of modes of transfer; the means of protecting property interests; the resolution of disputes concerning title to personal property; the grant of security interests, and the issues arising out of the transformation and mixing of tangible personal property.
Preface |
|
vii | |
|
|
xiii | |
|
|
xxxi | |
|
1 Property rights and classes of property |
|
|
1 | (28) |
|
|
1 | (5) |
|
|
6 | (4) |
|
|
10 | (1) |
|
Personal property and land |
|
|
10 | (2) |
|
Chattels real and personal |
|
|
12 | (1) |
|
|
13 | (1) |
|
|
14 | (6) |
|
Movable and immovable property |
|
|
20 | (1) |
|
Classification: particular cases |
|
|
21 | (8) |
|
2 Interests in chattels and bailment |
|
|
29 | (50) |
|
|
29 | (3) |
|
|
32 | (1) |
|
|
32 | (1) |
|
|
32 | (1) |
|
Legal character of possession |
|
|
33 | (2) |
|
|
35 | (2) |
|
Indivisibility of possession |
|
|
37 | (2) |
|
Control falling short of possession |
|
|
39 | (2) |
|
Possession as a protected property interest |
|
|
41 | (2) |
|
|
43 | (3) |
|
General and special property |
|
|
46 | (1) |
|
Indivisibility and co-ownership |
|
|
47 | (1) |
|
|
48 | (1) |
|
Equitable interests in personality |
|
|
48 | (5) |
|
Acquisition of possession by finding |
|
|
53 | (5) |
|
|
58 | (1) |
|
|
59 | (2) |
|
|
61 | (1) |
|
|
62 | (1) |
|
|
63 | (2) |
|
|
65 | (3) |
|
|
68 | (3) |
|
Hire purchase and related bailments |
|
|
71 | (3) |
|
|
74 | (1) |
|
|
75 | (2) |
|
|
77 | (2) |
|
3 The protection of property interests in chattels |
|
|
79 | (46) |
|
|
79 | (1) |
|
|
80 | (2) |
|
|
82 | (2) |
|
|
84 | (2) |
|
|
86 | (1) |
|
|
87 | (2) |
|
Asportation as conversion |
|
|
89 | (1) |
|
Damage, destruction, and loss |
|
|
89 | (2) |
|
|
91 | (2) |
|
|
93 | (1) |
|
Agents and intermediaries |
|
|
94 | (4) |
|
|
98 | (1) |
|
|
99 | (1) |
|
|
100 | (1) |
|
Entitlement to sue in conversion |
|
|
101 | (2) |
|
Bailment and entitlement to sue |
|
|
103 | (2) |
|
Possession and the ius tertii |
|
|
105 | (4) |
|
The right to immediate possession |
|
|
109 | (3) |
|
|
112 | (1) |
|
|
113 | (4) |
|
|
117 | (1) |
|
|
118 | (2) |
|
|
120 | (1) |
|
|
120 | (1) |
|
|
121 | (1) |
|
|
122 | (3) |
|
4 Further property protection and its limits |
|
|
125 | (28) |
|
|
125 | (1) |
|
|
126 | (1) |
|
Extinction of property rights in chattels |
|
|
127 | (1) |
|
|
127 | (3) |
|
Attachment, commingling, and alteration |
|
|
130 | (6) |
|
|
136 | (3) |
|
|
139 | (4) |
|
|
143 | (5) |
|
Equitable personal remedies |
|
|
148 | (5) |
|
|
153 | (42) |
|
|
153 | (1) |
|
Consensual transfers: sale |
|
|
153 | (2) |
|
Definitions in the sale of goods act |
|
|
155 | (1) |
|
Passing of property in specific goods |
|
|
156 | (14) |
|
Gratuitous consensual transfers |
|
|
170 | (25) |
|
|
195 | (34) |
|
|
195 | (1) |
|
Overriding legal property interests |
|
|
195 | (3) |
|
Common law exceptions to the rule of nemo dat |
|
|
198 | (11) |
|
Special statutory exceptions to the rule of nemo dat |
|
|
209 | (10) |
|
|
219 | (5) |
|
Overriding equitable property interests |
|
|
224 | (1) |
|
Conflicting equitable and legal interests |
|
|
224 | (5) |
|
7 Transfer of intangible property |
|
|
229 | (40) |
|
|
229 | (2) |
|
Assignment of things (or choses) in action |
|
|
231 | (29) |
|
|
260 | (9) |
|
8 Security interests in personal property |
|
|
269 | (38) |
|
|
269 | (1) |
|
|
270 | (11) |
|
|
281 | (26) |
Index |
|
307 | |
Michael Bridge is the Cassel Professor of Commercial Law at the London School of Economics and Professor of Law at the National University of Singapore. He is a Barrister and Bencher of the Middle Temple and a Fellow of the British Academy. He previously held chairs in law at McGill University, the University of Nottingham, and University College London, where he was also the Dean of the Faculty of Laws. He has been a Visiting Professor at the Universities of Leeds, Malaya, Hong Kong, Melbourne, Sydney, Auckland, and Mainz, and at Monash, Tulane and Bilgi (Istanbul) Universities. His research interests are in secured transactions and insolvency, international and domestic sale of goods, uniform law, private international law, comparative private law, and personal property law.