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Law of Personal Property, The
Law of Personal Property, The
Practice Area:  Commercial Law
ISBN:  9781847037992
Published by:  Sweet & Maxwell
Publication Date:  21 Aug 2013
Format:  Hardback
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The Law of Personal Property provides a treatment of personal property and covers both tangible and intangible property, including things in action, intellectual property rights and shares and securities. It also examines all modes of dealing with or transferring interests in intangible property.  

This title:

•  In-depth treatment of both tangible and intangible personal property, including things in action, intellectual property rights and shares and securities
•  Adopts a consistent analytical approach differentiating (i) the interests in things recognised by English law, (ii) the various modes of acquiring such interests, and (iii) the various modes and procedures for vindicating or enforcing those interests
•  Analyses and explicates key cases from a variety of jurisdictions
•  Covers all modes of dealing with or transferring interests in intangible property
•  Reviews commercial topics such as retention of title clauses and Quistclose trusts by locating them within the wider common law and equitable principles
•  Extends to the private international law (conflicts), insolvency and procedural issues which arise in respect of personalty
•  Examines in detail the various interests in personal property, exploring such concepts as ownership, possession and bailment, as well as equitable interests
•  Considers the various ways of acquiring and transferring interests
•  Discusses how interests are protected and enforced, in common law and in equity
•  Explores the legal principles in depth, with detailed analysis of case law
•  Deals with the property aspects of sale of goods
•  Analyses all modes of dealing with or transferring interests in intangible property
•  Covers security interests
•  Deals with the private international law, insolvency and procedural issues


1. Introduction

Legal and Equitable Interests in Tangible Personal Property
2. Common Law Interests: Ownership, Possession and Bailment
3. Equitable Interests in Goods
4. Co-Ownership of Goods
5. Leases and Hire
6. Storage and  Carriage
7. Security Interests  

The Acquisition of Interests in Tangible Personal Property
8. Acquisition and Divestment of Interests by Consent at Common Law
9. Acquisition and Divestment of Interests  by Operation of Law at Common Law.
10. Property Aspects of Sale of Goods: General
11. Property Aspects of Sale of Goods: Interests in Bulk Goods
12. Property Aspects of Sale of Goods: Retention of Title Clauses
13. Title Conflicts: Nemo Dat and its Exceptions
14. Acquisition of Equitable Interests by Consent
15. Acquisition and Divestment of Equitable Interests by Operation of Law

The Vindication of Interests in Tangible Personal Property
16. Protecting and Enforcing Interests at Common Law: the Personal Property Law Torts   
17. Specific Relief: Delivery Up,of Goods and Other Remedies 
18. Enforcing Security Interests in Respect of Goods
19. Equitable Protection and Enforcement of Equitable Ownership Interests  

Legal and Equitable Interests in Intangible Personal Property

20. Interests in Intangible Personal Property
21. Debts and Things in Action
22. Documentary Intangibles
23. Equity and debt securities
24. Intellectual Property Rights
25. Goodwill, Confidences, Trade Secrets and Information
26. Security interests

The Acquisition of Interests in Intangible Personal Property
27. Requirements for assignment
28. Rights transferred by assignment
29. Unassignable rights
30. Novation
31. Negotiation of Documentary Intangibles
32. Transfer of equity and debt securities
33. Miscellaneous Statutory Modes of Transfer
34. Acquisition of equitable interests by consent or by operation of law
35. Acquisition of Legal interests by Operation of Law
36. Priorities

The Protection and Enforcement of Interests in Intangible Personal Property
37. Vindication Issues for Intangible Property


38.  Personal Property in Insolvency Proceedings    

39. Conflict of Laws and Tangible Personal Property
40. Conflict of Laws and Intangible Personal Property


Michael Bridge

Michael 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 also a door tenant at 20 Essex Street  Chambers. Michael is the author of a number of leading titles and the general editor of Benjamin’s Sale of Goods, as well as numerous academic articles.
His key recent books include: The Law of Personal Property Security (with Hugh Beale, Louise Gullifer and Eva Lomnicka) (Oxford University Press 2007), 845 and lxxvii pp, The International Sale of Goods (Oxford University Press, 3rd 2013), 770 and lxxipp, International Sale of Goods in the Conflict of Laws (with James Fawcett and Jonathan Harris) (Oxford University Press 2005), 1458 and cxiv pp, Personal Property Law (3rd ed Oxford University Press, 2002, Clarendon), 206 and xxxii pp, The Sale of Goods (Oxford University Press, 1997), 613 and civ pp (paperback impression with additional foreword 1998) (work on a new edition will commence soon).

Gerard McMeel

Gerard is Professor of Commercial Law at the University of Manchester, having previously been a Professor at the University of Bristol for over ten years. He is an experienced author, whose recent works include: The Construction of Contracts: Interpretation, Implication, and Rectification (Oxford University Press, 2nd edn 2011), and McMeel and Virgo on Financial Advice and Financial Products: Law and Liability (co-authored with John Virgo) (OUP, 2007; second edition). Gerard is also a practising Barrister with chambers in Bristol (Guildhall Chambers) and London (Quadrant Chambers).

Louise Gullifer

Louise is Professor of Commercial Law, and Fellow and Tutor in Law at Harris Manchester College, University of Oxford, and an associate member of 3 Verulam Buildings, Gray’s Inn. 
She is an experienced author whose books include:
The Law of Personal Property Security co-authored with H. Beale, M. Bridge and E. Lomnicka OUP 2007 (2nd edition published April 2012). 4th edition of Goode, Legal Problems of Credit and Security Sweet & Maxwell 2008 (5th edition planned for 2013/4). Principles and Policy (with Jenny Payne) Hart 2011.

Sarah Worthington

Sarah Worthington QC(hon), FBA is the Downing Professor of the Laws of England, University of Cambridge, a Fellow of Trinity College Cambridge, and an academic member of 3/4 South Square, Gray’s Inn. Her books on commercial equity and corporate law include Equity (2nd ed, 2006, OUP), Proprietary Interests in Commercial Transactions (1996, OUP), and Gower and Davies’ Principles of Modern Company Law (with Professor Paul Davies QC(hon) FBA). She is a contributing editor to Palmer’s Company Law, and author of the cases and materials books, Sealy’s Cases and Materials in Company Law (9th ed, 2010, 10th ed due 2012) and Personal Property Law: Cases and Materials (2000, Hart Publishing).


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