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The Protection of Property Rights Through Tort Law

The Protection of Property Rights Through Tort Law

The Protection of Property Rights Through Tort Law

Author: Victoria Evans
Publisher: Routledge
ISBN: 9781032677125
Published In: September 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,015.00

HKD 1,954.55 Save HKD 60.45 (3%)

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Description
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This book analyses the problems caused by relying on tort law mechanisms to protect tangible property interests in the common law and suggests a new way of thinking to rectify these issues.

As English common law relies primarily on tort law for the protection of tangible property interests, property rights are protected by a group of claims that as a whole, are informed by a set of concerns that have little to do with the vindication of property rights. The book demonstrates how tort law tends to focus on loss within the caselaw and argues that this fundamental mismatch wholly undermines the category of property rights, since the protection of property through tort is simultaneously too broad and too narrow. Discussing trespass to goods, trespass to land, private nuisance, conversion and negligent property damage, the book advances a novel way of re-thinking about the property-protecting torts, far better suited to their unique role within the law.

Using cases throughout, the book will be of interest to students, scholars, and practitioners within the fields of property law, tort law and private law in general.

1. Introduction

Part I: The Foundations of the Tortious Protection of Property

2. Property: What is the ‘Property’ that Needs Protecting Through Tort Law

3. Tort Law and an Introduction to the Property Torts

Part II: The Implications of Relying on Tort Law to Protect Property

4. Bringing a Claim: The Influence of ‘Loss-Thinking’

5. Remedying an Interference with Property

Part III: A New Solution for the Tortious Protection of Property

6. Implications and a Suggestion Already Made

7. A New Proposal

8. Conclusion

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