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RDG
online Restitution Discussion Group Archives |
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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 <== Previous message Back to index Next message ==> |
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