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Property, Analogy and Variety

Author

Listed:
  • Ben McFarlane
  • Simon Douglas

Abstract

How should a court respond if a party argues that, because her right to an intangible asset is a property right, the defendant is under a strict duty not to interfere with that intangible asset? Our view is that such a conclusion does not follow from the premise, and the argument is really one that the party’s right deserves protection as it is sufficiently analogous to a right to a tangible asset.

Suggested Citation

  • Ben McFarlane & Simon Douglas, 2022. "Property, Analogy and Variety," Oxford Journal of Legal Studies, Oxford University Press, vol. 42(1), pages 161-186.
    • Handle: RePEc:oup:oxjlsj:v:42:y:2022:i:1:p:161-186.
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    File URL: http://hdl.handle.net/10.1093/ojls/gqaa043
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