The proprietary consequences of fraud
Suppose A is fraudulently induced to transfer rights to B. B, for example, knocks on A’s door falsely representing that they are collecting for charity; in truth, they believe that charity begins at home. If A hands over a £50 note, they will obviously have claims for compensatory damages against B...
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| Format: | Book section |
| Language: | English |
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Hart Publishing
2024
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| _version_ | 1824459107549052928 |
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| author | Swadling, W |
| author2 | Davies, PS |
| author_facet | Davies, PS Swadling, W |
| author_sort | Swadling, W |
| collection | OXFORD |
| description | Suppose A is fraudulently induced to transfer rights to B. B, for example, knocks on A’s door falsely representing that they are collecting for charity; in truth, they believe that charity begins at home. If A hands over a £50 note, they will obviously have claims for compensatory damages against B in the tort of deceit and, alternatively, to be paid the value of their performance in unjust enrichment. Both are necessarily personal claims. But what are the ‘proprietary’ consequences of the handing over of the note? Does A’s right pass to B? If so, does B immediately hold that right on trust for A? Alternatively, can A revest the right in themselves by unilaterally rescinding the transfer or obtaining an order of the court to that effect? Similar questions arise in reverse, where A is fraudulently induced to take a transfer of rights from B. B, for example, may have sold a title to a fake Picasso painting to A, and A is now seeking to recover the purchase price.... |
| first_indexed | 2024-04-23T23:27:05Z |
| format | Book section |
| id | oxford-uuid:8d87be67-3386-47ef-8cbb-894c27911136 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2025-02-19T04:36:32Z |
| publishDate | 2024 |
| publisher | Hart Publishing |
| record_format | dspace |
| spelling | oxford-uuid:8d87be67-3386-47ef-8cbb-894c279111362025-01-30T09:41:52ZThe proprietary consequences of fraudBook sectionhttp://purl.org/coar/resource_type/c_3248uuid:8d87be67-3386-47ef-8cbb-894c27911136EnglishSymplectic ElementsHart Publishing2024Swadling, WDavies, PSTjio, HSuppose A is fraudulently induced to transfer rights to B. B, for example, knocks on A’s door falsely representing that they are collecting for charity; in truth, they believe that charity begins at home. If A hands over a £50 note, they will obviously have claims for compensatory damages against B in the tort of deceit and, alternatively, to be paid the value of their performance in unjust enrichment. Both are necessarily personal claims. But what are the ‘proprietary’ consequences of the handing over of the note? Does A’s right pass to B? If so, does B immediately hold that right on trust for A? Alternatively, can A revest the right in themselves by unilaterally rescinding the transfer or obtaining an order of the court to that effect? Similar questions arise in reverse, where A is fraudulently induced to take a transfer of rights from B. B, for example, may have sold a title to a fake Picasso painting to A, and A is now seeking to recover the purchase price.... |
| spellingShingle | Swadling, W The proprietary consequences of fraud |
| title | The proprietary consequences of fraud |
| title_full | The proprietary consequences of fraud |
| title_fullStr | The proprietary consequences of fraud |
| title_full_unstemmed | The proprietary consequences of fraud |
| title_short | The proprietary consequences of fraud |
| title_sort | proprietary consequences of fraud |
| work_keys_str_mv | AT swadlingw theproprietaryconsequencesoffraud AT swadlingw proprietaryconsequencesoffraud |