Studying at York
Personal Property Law - LAW00069H
Module summary
This module will consider various aspects of English personal property law. It will build on material covered in modules such as contract law and the law of torts, and will provide the ideal basis for further study into the broad field of commercial law. There will be coverage of impact of modern developments such as blockchains and the internet of things.
Module will run
| Occurrence | Teaching period |
|---|---|
| A | Spring Term 2022-23 |
Module aims
This module will consider various aspects of English personal property law, with a primary focus on tangible personal property (ie goods). It will build on material covered in modules such as contract law and the law of torts, and will provide the ideal basis for further study into the broad field of commercial law. Various topics such as the nature of property, ownership, and possession, the role of agency, and the meaning and effect of taking security may be covered. There will also be examination of the impact of modern, digital technologies such as blockchains and distributed ledger technologies, smart goods, and AI. Whether there is or is not a coherent English law of personal property will be a guiding theme throughout this module.
Module learning outcomes
- Demonstrate understanding of the principles, policies, theories and purposes of personal property law (MLO1);
- Identify, explain and critically evaluate academic, commercial, political, and other cognate perspectives on personal property law (MLO2);
- Examine critically the nature and impact of concepts relating to possession, ownership, title and property, including the different roles of law and equity (MLO3);
- Identify and explain the role of bailment (MLO4);
- Identify and explain the role of agency within personal property law (MLO5);
- Identify and explain the nature and effect of taking security (MLO6);
- Critically evaluate the impact of digitalisation on personal property law (MLO7);
- Show awareness of the competing tensions concerning the acquisition, transfer, and protection of personal property (MLO8);
Module content
This module will begin by contextualising the conceptual structures outlined in Property I and Property II (part of FL2 and FL3&4), ie possession, property, title and ownership, within the specific framework of personal property law. There will be identification of the distinction and impact of the division between tangible and intangible personal property, and the important role played by statutory and common law frameworks governing such areas. The focus on tangible things will be stated, and thus the importance of mechanisms such as bailment and agency will be identified and explained. There will also be examination of the impact of security over personal property. The effect of digitalisation will be ingrained throughout the course, as well as being the focus of specific seminar topics. The importance of personal property within society, whether as part of commerce or otherwise, will be critically examined throughout the module.
Indicative assessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 100 |
Special assessment rules
None
Indicative reassessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 100 |
Module feedback
Students will receive regular feedback based on their contributions to seminars, and through peer and tutor review of outputs created for seminars. Formative assessments will be undertaken throughout the course, and may take the form of presentations, group work and/or individual written assessments. Oral and written feedback will be provided for formative assessments. Students will receive written feedback on their summative assessment output, within the timescale set by the University's Feedback Turnaround Time policy. There will be a general "open-door" approach to further feedback and guidance during the module and following assessments should this be required by individual students. A discussion board will be operated via the VLE which will provide the opportunity for further feedback.
Indicative reading
Duncan Sheehan, Principles of Personal Property Law (2nd ed Hart 2017 - or more recent edition if available)
Michael Bridge, Personal Property Law (4th ed OUP 2015 - or more recent edition if available).
Michael Bridge (Ed), Benjamin's Sale of Goods (9th ed, Sweet and Maxwell 2014 - or more recent edition if available).