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Property, Analogy and Variety

McFarlane, B; Douglas, S; (2022) Property, Analogy and Variety. Oxford Journal of Legal Studies , 42 (1) pp. 161-186. 10.1093/ojls/gqaa043. Green open access

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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.

Type: Article
Title: Property, Analogy and Variety
Open access status: An open access version is available from UCL Discovery
DOI: 10.1093/ojls/gqaa043
Publisher version: https://doi.org/10.1093/ojls/gqaa043
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10054211
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