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Sender:
Duncan Sheehan
Date:
Tue, 9 Feb 1999 19:13:41
Re:
Aliakmon

 

Dear All,

I may be be missing something here, but, and I know that Lionel Smith is not overly keen on this, could one not fit the case into Peter Birks' idea of interceptive subtraction? Broadly this states that if you know that something is coming to you and it is certain that it is going to arrive, as it is, presumably, here in that you could sue the seller for breach of contract were he to refuse to deliver, you can sue someone who sweeps in and grabs the property before it does arrive. The classic idea, if I recall correctly, is where X is about to hand over a 20 pound note, say, to Y, Z grabs it and runs off before Y has it in his hand. Property passes on delivery but Y can still sue sue Z. I don't remember the details so my question is; Am I talking nonsense?

 

Duncan Sheehan


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