Document Type

Journal Article


What is the result when two individuals bargain over the distribution of a resource between them? The answer, according to the American property scholar, Carol Rose, will depend on the way in which each individual ranks his or her own welfare against the welfare of the other. Rose has developed a typology of six ideal personality types with differing sets of preferences that reflect the relative ranking of the person's own welfare and the welfare of the other bargainer. Rose calls these types John Doe, King of the Mountain, Malice Aforethought, Mom/Good Citizen, Portnoy's Mom and Hit Me. The purpose of this article is to examine the representation of Rose's personality types in the cases concerning the compulsory imposition of easements by the Supreme Court in New South Wales and Queensland.