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Law of Personal Property, The

Law of Personal Property, The
3rd Edition
Series:  Intellectual Property Library
Practice Area:  Commercial Law
ISBN:  9780414098152
Published by:  Sweet & Maxwell
Publication Date:  31 Dec 2021
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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Issues and disputes concerning personal property are a common feature of commercial legal practice. The new edition of this authoritative guide to this substantial area of common law provides a comprehensive and in-depth treatment of both tangible and intangible personal property. 
In this third edition of The Law of Personal Property, the work up is brought up to date with the latest developments. Most importantly, there is now
  • a comprehensive new chapter on Digital Assets, bringing the reader up to date with a fast developing body of law
  • a substantially extended treatment of electronic documentation
  • In general, a discussion of the effects of Brexit
The key new case law, legislation and other developments covered in this supplement includes:
  • Hocking v Director-General of the National Archives of Australia (a decision of the High Court of Australia on the meaning of property with particular reference to intangible assets)
  • Borwick Development Solutions Ltd v Clear Water Fisheries Ltd (on the ownership of land and of animals ferae naturae on the land)
  • AA v Persons Unknown (the appropriate location of digital assets in the scheme of property classification)
  • Smethurst v Commissioner of Police (an Australian High Court decision on whether information amounts to property)
  • Law Commission, Digital Assets: Electronic Trade Documents (Consultation Paper 254, 2021) and the amended rules of the London Metal Exchange on immobilised and dematerialised warehouse warrants
  • Natixis SA v Marex Financial (on the question whether warehouse receipts may be treated as negotiable (transferable) instruments)
  • London Clubs Management Ltd v Revenue and Customs Commissioners (a Supreme Court decision on whether non-negotiable gambling chips were to be treated as “money or money’s worth” for the purpose of gaming duty)
  • BTI 2014 LLC v Sequana SA (the interests of creditors and dealings with a company’s assets in the run-up to liquidation)
  • Corporate Governance and Insolvency Act 2020 (the general moratorium in the case of eligible companies on actions against a company and its assets)
  • Scipion Active Trading Fund v Vallis Group Ltd (pledges, warehouse warrants and the conflict of laws)
  • SL Claimants v Tesco plc (the legal consequences of holding securities through intermediaries)  
  • The effect of Brexit on the priority regime relating to registered designs
  • Serious Fraud Office v Litigation Capital Ltd (on priority between competing assignments and the rule in Dearle v Hall) 

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CONTENTS

  1. INTRODUCTION
  2. OWNERSHIP AND COOWNERSHIP  OF PERSONAL PROPERTY
  3. GOODS
  4. DEBTS AND THINGS IN ACTION
  5. DOCUMENTARY INTANGIBLES
  6. EQUITY AND DEBT SECURITIES
  7. MONEY
  8. DIGITAL ASSETS
  9. STATUTORY IP RIGHTS
  10. COMMON LAW INTELLECTUAL PROPERTY RIGHTS
  11. POSSESSORY INTERESTS
  12. BAILMENT
  13. STORAGE AND CARRIAGE
  14. LEASES AND HIRE
  15. TRUST INTERESTS
  16. SECURITY INTERESTS
  17. MODES OF ACQUISITION AND DIVESTMENT NOT BASED ON CONSENT: FINDING, MIXING, MANUFACTURING AND SUCCESSION
  18. GIFT AND DONATIO MORTIS CAUSA
  19. PROPERTY ASPECTS OF SALE OF GOODS: GENERAL
  20. PROPERTY ASPECTS OF SALE OF GOODS: INTERESTS IN BULK GOODS
  21. PROPERTY ASPECTS OF SALE OF GOODS: RETENTION OF TITLE CLAUSES
  22. REQUIREMENTS FOR ASSIGNMENTS
  23. RIGHTS TRANSFERRED BY ASSIGNMENT
  24. BARS ON ASSIGNMENT
  25. NOVATION
  26. NEGOTIATION OF DOCUMENTARY INTANGIBLES
  27. TRANSFER OF EQUITY AND DEBT SECURITY
  28. TRANSFER OF MONEY 
  29. DEALINGS IN INTELLECTUAL PROPERTY
  30. TRANSFER  OF POSESSORY INTERESTS
  31. TITLE CONFLICTS AND PRIORITIES
  32. FOLLOWING, TRACING, AND CLAIMING 
  33. PROTECTING AND ENFORCING INTERESTS AT COMMON LAW: THE PROPERTY TORTS
  34. SPECIFIC RELIEF: DELIVERY UP OF GOODS AND OTHER REMEDIES
  35. ENFORCING RIGHTS IN RESPECT OF SECONDARY INTERESTS
  36. PROTECTION OF EQUITABLE OWNERSHIP INTERESTS
  37. PERSONAL PROPERTY IN INSOLVENCY PROCEEDINGS
  38. CONFLICT OF LAWS AND TANGIBLE MOVABLE PROPERTY
  39. CONFLICT OF LAWS AND INTANGIBLE PROPERTY

REVIEWS

"Chapter 8 is an absolute goldmine for those of us interested in the legal protection of digital assets. Meticulously researched and very clearly written. Will be citing this for years to come! Thank you!"
- Dave Michels, School of Law, Queen Mary, University of London

‘Professor Low’s new chapter [on Digital Assets] … provides the most up-to-date account of the issues, both theoretical and practical, raised by this new technology.’  Gilead Cooper, Trusts & Trustees, Vol. 28, No. 5, 2022.

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