Quasi-Property: Like, But Not Quite Property

Abstract:     
Quasi-property interests represent situations where the law seeks to simulate the idea of exclusion, commonly associated with property rights, through a relational liability regime. These interests focus on the nature and circumstances of the interaction in question, which are thought to merit a highly circumscribed form of exclusion. This Essay disaggregates the analytical and normative bases of quasi-property interests, examines the primary triggering events that cause courts to invoke the category, and responds to a few potential objections to the recognition of quasi-property as an independent category of interests in the law.

Number of Pages in PDF File: 37

Keywords: Quasi-property, relational property, limited exclusion

JEL Classification: K11

Accepted Paper Series