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The Politics of Lloyd's Bank v Rosset [1991]

Fox O'Mahony, Lorna (2015) 'The Politics of Lloyd's Bank v Rosset [1991].' In: Douglas, Simon and Hickey, Robin and Waring, Emma, (eds.) Landmark Cases in Property Law. Hart Publishing, 179 - 204. ISBN 9781849466080

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While there can be little doubt that Lloyd ’ s Bank v Rosset is a paradigmatic ‘ landmark case ’ for English property law, that would not, in itself, justify its claim for space—against the whole of the field—in this collection. Indeed, there are strong arguments for and against inclusion. On the one hand, Rosset is part of the breadand- butter of property law courses: every student must be familiar with its well-rehearsed facts and its landmark contribution to English law through fixing the ‘bright-line ’ rules of the common intention constructive trust. At the same time, one might reasonably ask: what more can be said about a decision which has been widely analysed, extensively criticised and broadly acknowledged to be doctrinally poor? In claiming that there is something more to be said about Lloyd ’ s Bank v Rosset, this chapter takes as its focus the almost uncanny resilience of a widely-criticised decision.

Item Type: Book Section
Subjects: K Law > K Law (General)
Divisions: Faculty of Humanities > Law, School of
Depositing User: Jim Jamieson
Date Deposited: 23 Jun 2015 12:26
Last Modified: 24 Jun 2020 17:15

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