(no subject)
"Ownership is a concept well documented and debated by legal entities throughout the ages. Perhaps one of the most familiar glimpses of arguable ownership can be seen in the Bible, where Solomon stood as the hand of justice at the time to discern who had the right to title and call himself owner. It seems that no matter what the Age, the question of ownership in personal property remains one that is not straightforward or easily answerable. Of course, modern law seeks to aid in the process of narrowing down and defining the principles of what ownership is and how we lose or divest such title to personal properties. This paper will analyse the following quote in relevance to issues of ownership within the realm of chattels personal:
"The many ‘finder’ cases that have been used to torture property law students for decades remind us that the law is yet to devise an easily accessible formula for determining when ownership of personal property passes from one possessor to another.”
The main focus will be the points at which property transfers from one person to another in both voluntary and involuntary circumstances. Specifically discussed and most relevant are transfers during sales, giving and receiving of gifts, abandonment and consequently, finding."
.......200 words... 2300 to go..... sigh....
Sale
- Explanation of contract of sale
- Point of transfer
- Goods Act (VIC), Trades Practises Act (Cth)
Gifts
- Inter vivos & donatio mortis causa (not sure if I should mention the latter..)
- Point of transfer
- Flinn v White
- Knapp v Knapp
Abandonment & Finding
- Re Jigrose Pty Ltd [1994] 1 Qd R 382 principles of Abandonment by Kiefel J
- Point of transfer? Is there transference? Full rights above all except original owner
- Oriignal Owner > Occupier > Finder
- Parker v British Airways
Dear Lord let that please be enough to fill 2300 words...
Anybody else studying law that knows whether I should mention choses in action, or can I skip it and stay with corporeal property....
Zzz......
"The many ‘finder’ cases that have been used to torture property law students for decades remind us that the law is yet to devise an easily accessible formula for determining when ownership of personal property passes from one possessor to another.”
The main focus will be the points at which property transfers from one person to another in both voluntary and involuntary circumstances. Specifically discussed and most relevant are transfers during sales, giving and receiving of gifts, abandonment and consequently, finding."
.......200 words... 2300 to go..... sigh....
Sale
- Explanation of contract of sale
- Point of transfer
- Goods Act (VIC), Trades Practises Act (Cth)
Gifts
- Inter vivos & donatio mortis causa (not sure if I should mention the latter..)
- Point of transfer
- Flinn v White
- Knapp v Knapp
Abandonment & Finding
- Re Jigrose Pty Ltd [1994] 1 Qd R 382 principles of Abandonment by Kiefel J
- Point of transfer? Is there transference? Full rights above all except original owner
- Oriignal Owner > Occupier > Finder
- Parker v British Airways
Dear Lord let that please be enough to fill 2300 words...
Anybody else studying law that knows whether I should mention choses in action, or can I skip it and stay with corporeal property....
Zzz......