Chapter

Property and Related Interests

Peter Cane

in Tort Law and Economic Interests

Published in print May 1991 | ISBN: 9780198252368
Published online March 2012 | e-ISBN: 9780191681370 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252368.003.0002
Property and Related Interests

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This chapter discusses the primary functions of the tort law in protecting property interests. Tort law protects property in several ways. One of its functions is to resolve disputes over title. In case title is not the nature of dispute over a property, tort law can be used to protect the plaintiff's right to use and exploit property to his own advantage or it can be used to strip the defendant of benefits he procured by wrongful exploitation. In addition, tort law can be used to compensate the plaintiff for loss suffered as a result of interference with his use and enjoyment of his property and to compensate for damage done to his property. The chapter also discusses the four types of property disputes: title disputes, user disputes, interference with use disputes, and physical damage disputes. The discussion furthermore includes the two main characteristics of tortorious protection of property interests. These are actionability and strict liability. While tort law protects property rights and interests, these two tortorious characteristics of protection have no universal application. Tortorious remedies are sometimes only available if loss has been suffered or when loss is likely to happen in the future. However, injunction is still normally available simply on the proof of infringement of a property right, and monetary compensation can sometimes be awarded even if the plaintiff has suffered no loss. In terms of standard liability, this varies from malice, through negligence, to complete innocence. In this respect, the torts which protect property in competitive contexts are the most bewildering.

Keywords: tort law; property interests; property; title; right; property disputes; liability; infringement

Chapter.  50040 words. 

Subjects: Civil Law

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