Property PASS Session 3 - ZOOM PDF

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Property PASS Session 3 - ZOOM...

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PROPERTY PASS SESSION 3 THE QUIZ ON THE 18TH/19TH OF APRIL** WILL ASSESS YOU ON WEEKS 1-4.

BASICS Two categories of property: 1. 2.

Discuss what ‘chose’ means. What are the two categories? 1. 2.

LAND Airspace What is the principle from Bernstein of Leigh (Baron) v Skyviews and General Ltd?

Victorian Park Racing and Recreation Grounds v Taylor (1937) 58 CLR 479 Key facts:

Held:

FIXTURES Fixtures are …

Holland v Hodgson – Tests to determine whether a chattel is a fixture: 



National Australia Bank Ltd v Blacker (2000) 179 ALR 97 - useful guide to determine fixture:

A way to think about the tests in conjunction If the chattel is attached in any way, there is a presumption that _______ What can rebut this presumption? _______

PROTECTION OF PROPRIETARY INTERESTS IN LAND? 1.

2.

CHATTELS Actual possession: Two conditions to be met to establish. 1. 2. The type of control necessary will vary with …

Right to Immediate Possession:

Right to future possession, or revisionary interest:

What is Bailment? Who are the parties?

Fixed term Bailment:

Bailment at will:

ACTIONS IN TORT TO PROTECT PROPRIETARY INTERESTS IN CHATTELS Trespass: Conversion: Tort of strict liability. What does this mean?

Mere removal does not constitute conversion. Then what is required? 1) 2)

Detinue: Negligence:

FINDERS Armory v Delamirie: Basic principle A boy employed by a chimney sweep found a jewel Held (why?):

Parker v British Airways Board Loss of gold necklace, finder gave it to air way and expressed he wanted it back if real owner did not return. Airport sold it as part of lost property. Held (why?):

Chairperson National Crime Authority v Flack $433,000 is hidden in a cupboard without Mrs. Flack’s knowledge. The money is confiscated by the police who think it might be proceeds of crime. This is never established, and Mrs. Flack wants it back. (Facts from lawcasesummaries.com) Held (why?):...