Propertiness of properly, Other Subject

Propertiness of Properly:

Perhaps the lasting significance of Victoria Park Racing lies in the fact that the conflict between the majority and minority views in this case throws up critical clues to the identification of the "propertiness" of property. True it is that much of the discussion in Victoria Park Racing was conducted obliquely in terms of the law of nuisance. But the central issue - so central that it lay largely unspoken - was whether the defendants had taken anything that might be regarded as the plaintiffs "property". (We must always be ready to hear the resonance of property in the dialogue of trespass and nuisance.)

There can be no doubt--and there was certainly none in the High Court--that in Victoria Park Racing the defendants had exploited a competitive commercial opportunity, in circumstances of no great credit to themselves, in order to profit from a market of horseracing enthusiasts who would otherwise have paid a lot of money to the plaintiff. In this sense the defendants had clearly taken something from the plaintiff but had they taken the plaintiffs property? Were the defendants guilty, as Dixon J. put it, of "misappropriating or abstracting something which the plaintiff has created and alone is entitled to turn to value"? In answering this question the majority and minority in the High Court were divided by fundamentally differing views of the phenomenon of "property"

The minority judges clearly believed that there had been a misappropriation. Rich J. spoke of each defendant as "appropriating ... part of the profitable enjoyment of the plaintiffs land to his own commercial ends...." In his view the conduct complained of had wrongfully diverted a "legitimate source of profit from [the plaintiff's] business into the pockets of the defendants". Evatt J.'s judgment echoed just as strongly the language of misappropriation. Evatt J. thought it "an extreme application of the English cases to say that because some overlooking is permissible, all overlooking is necessarily lawful". Here the overlooking engaged in by the defendants had enabled the broadcasting company "to reap where it had not sown". The defendants stood condemned of an unfair "appropriation" or "borrowing" of the plaintiff's investment of capital and labour. This had in turn enabled the listening public to "appropriate to themselves" the harvest of those who have sown.

Posted Date: 2/21/2013 6:19:53 AM | Location : United States







Related Discussions:- Propertiness of properly, Assignment Help, Ask Question on Propertiness of properly, Get Answer, Expert's Help, Propertiness of properly Discussions

Write discussion on Propertiness of properly
Your posts are moderated
Related Questions
During this course, you have reflected on, read about, and discussed ways that phonology, orthography, morphology, and syntax can be used in lesson planning and teaching ELLs. In t

SMART CARDS A chip card, smart card, or integrated circuit card (ICC), is in any pocket-sized card with surrounded integrated circuits which can procedure data. This implies th

Question: (a) What is meant by communication? (b) Describe the difference between formal and informal communication in a business context. Give examples to illustrate y

what is the palaeontology?

Ethnicity: Social inequalities are not only affected by the gender and social class only but they are also affected by the ethnicity.  Ethnicity also affects our well being an

What is pragmatism and what should be the role of teacher according to it?

Question 1: "Substance abuse counsellors advise people who have alcoholism or other types of addiction, eating disorders, or other behavioural problems. They provide treatment

.Describe the role of school, parents and peers in imparting family life education.

Problem : (a) Briefly outline Kolhberg's views on Moral education. (b) Explain the concepts of autonomous and heteronomous morality as put forward by Piaget. (c) Support

how do I download flash cards for this course