Katy, sorry to have missed you at the Chitty on Contract conference day. But this post reminded me of how law intersects with everyday objects/places. I live in Chelmsford, Essex, and the landmark case law Parking Eye v Beavis originated in Chelmsford. Actually, near where I go to the gym! The case held that parking charges are legally enforceable, even if the fee acts primarily as a deterrent or exceeds the company's actual financial loss, provided the terms are clearly displayed and not unconscionable. There are historical objects/places that embody law, if only we look for it thoroughly! :)
I would actually go on a site visit to that carpark. Also Shoe Lane Parking, from Thornton v Shoe Lane Parking…
One of my students found a sign in Bunnings which references the case of Bunnings v CHEP, where Bunnings held on to wooden pallets (conversion and detinue) and had to pay a reasonable fee. The sign said, “No pallets from CHEP must stay here.”
Also sorry to have missed you; but I hope to spend a greater time next time.
I believe there’s a chance to teach contract law through invoking places and history rather than just doctrine. I am sure in the future there’s even a course somewhere in some university titled “Contract Law in Real World” , albeit it sounds very pretentious. :)
I think I like this cornage story even more than the lanx! It make Torrens title look both radical - modern, efficient, clean - yet also a bit antiseptic.
Did you ever learn about the common law concept of “livery of seisin”? [If I had been your property law lecturer you would have.] Freaking weirdest thing ever, which persisted until at least the 18th C: picking up clods of earth or knocking sticks together to symbolise that title to the land had been transferred. I love it—there’s something visceral about it, but I also understand why in modern times we cannot do this and it would be a pain.
I love this! And I feel less weird for having insisted to my partner that we make a detour to have a look at Ellenborough Park (of easement fame) when we were on holiday a couple of years ago.
Katy, sorry to have missed you at the Chitty on Contract conference day. But this post reminded me of how law intersects with everyday objects/places. I live in Chelmsford, Essex, and the landmark case law Parking Eye v Beavis originated in Chelmsford. Actually, near where I go to the gym! The case held that parking charges are legally enforceable, even if the fee acts primarily as a deterrent or exceeds the company's actual financial loss, provided the terms are clearly displayed and not unconscionable. There are historical objects/places that embody law, if only we look for it thoroughly! :)
I would actually go on a site visit to that carpark. Also Shoe Lane Parking, from Thornton v Shoe Lane Parking…
One of my students found a sign in Bunnings which references the case of Bunnings v CHEP, where Bunnings held on to wooden pallets (conversion and detinue) and had to pay a reasonable fee. The sign said, “No pallets from CHEP must stay here.”
Also sorry to have missed you; but I hope to spend a greater time next time.
I believe there’s a chance to teach contract law through invoking places and history rather than just doctrine. I am sure in the future there’s even a course somewhere in some university titled “Contract Law in Real World” , albeit it sounds very pretentious. :)
I am pretty sure I did not enjoy it as much as you but I did enjoy it, thank you
I am not sure that ANYONE enjoyed it as much as I did.
The right kind of holiday then!
I loved reading this, Katy. (But who wouldn't be fascinated by a law quest?!)
Woman after my own heart!
I think I like this cornage story even more than the lanx! It make Torrens title look both radical - modern, efficient, clean - yet also a bit antiseptic.
Did you ever learn about the common law concept of “livery of seisin”? [If I had been your property law lecturer you would have.] Freaking weirdest thing ever, which persisted until at least the 18th C: picking up clods of earth or knocking sticks together to symbolise that title to the land had been transferred. I love it—there’s something visceral about it, but I also understand why in modern times we cannot do this and it would be a pain.
Thanks Katy, such a great post and terrific to learn more about early cases on the goods torts!
I know you love torts as much as I do!
I love this! And I feel less weird for having insisted to my partner that we make a detour to have a look at Ellenborough Park (of easement fame) when we were on holiday a couple of years ago.
I would also go to Ellenborough Park. I was slightly sad not to get to Wrotham Park (of LCA damages fame).