From: | Andrew Tettenborn <A.M.Tettenborn@exeter.ac.uk> |
To: | obligations@uwo.ca |
Date: | 27/11/2009 13:41:24 UTC |
Subject: | human rights |
Human rights pop up in the most unexpected places these days.
Last year, members may recall, the HL held in OBG v Allan [2008] 1 AC
1, [ 2007 ] UKHL 21, that strict liability in conversion didn't apply
to contractual rights. You might be amused to see that OBG has now
argued not simply that this result is wrong, but that it is so monstrous
as to infringe their fundamental human rights. One awaits the outcome
with interest.
See OBG Ltd and Others v United Kingdom - 48407/07 [1999] ECHR 1943 (13
November 2009).
Andrew
--
Andrew M Tettenborn
Bracton Professor of Law, University of Exeter
Snailmail:
Law School
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Cellphone: 07870-130528 (int +44-7870-130528)
LAWYER, n.
One skilled in circumvention of the law. (Ambrose Bierce, 1906).