LOUISE MERRETT TRINITY COLLEGE COMMERCIAL LAW LECTURES 2012 -2013 SALE OF GOODS (4) TRANSFER OF TITLE BY A NON-OWNER Context 1. The general rule as to priority in the case of personal property is clear and underpins all forms of transfer‚ whether by gift‚ sale‚ bailment or security‚ and it is that a person cannot give what is not his or hers to give. This basic rule is often expressed in the Latin maxim nemo dat quod non habet and if reflected in s 21 SGA. 2. In practice‚ a
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owner by taking out an ad in the local newspaper in the lost and found section of the classified section. The owner also placed an ad for a reward of $100 for the return of his pocketbook. The founder responded to the ad stating that he was in possession on the lost pocketbook. He was told that he needed to return the pocketbook or he would be arrested for larceny. The finder returned the pocketbook and sued for the reward that the owner placed on the return of the pocketbook. It was stated in
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com/chinese-guidebook-for-adverse-drug-reaction-reporting-and-monitoring-regulations-2014-market However‚ when searching on website of the Chinese regulatory authority of drugs‚ China Food and Drug Administration‚ you may find there are many announcements of adverse drug reaction reports for those that drugs made by overseas and multinational pharmaceutical manufacturers. How to report an adverse drug reaction and event to the Chinese regulatory authorities? Who should report adverse drug reaction and
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BAILMENT DEFINITION: Voluntary assumption of possession of goods by one person (bailee) from another (bailor) for a definite or indefinite period‚ with an obligation to redeliver. Hobbs v Petersham Transport Co Pty Ltd (1971) 124 CLR 220‚ per Windeyer J at 238: 3 A bailment comes into existence 4 upon a delivery of goods of one person‚ the bailor‚ 5 into the possession of another person‚ the bailee‚ 6 upon a promise‚ express or implied‚ that 7 they will be redelivered
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become a part of it. • Trade Fixtures is personal property that is installed for commercial purposes. They remain the property of the tenant unless removal would irreparably damage the building. Acquiring ownership of personal property • Possession Sometimes a person can become owner of personal prop by possessing it; i.e catch a wild animal • Production Produce personal property i.e. writers‚ inventors‚ manufacturers • Gift voluntary transfer of property ownership • Donative Intent When
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of carriage‚ nor did it have title under the Bills of Lading Act 1855 s.1. The main issue was whether the bank had title to sue for non-delivery. The judge held that the bank never became a pledgee and there was no intention to pass constructive possession of the goods and it was not possible for the bank to establish that it had title to sue in bailment. Held‚ dismissing the bank’s appeal‚ that (1) the buyer under a normal c & f contract is not in a position to pledge the goods or the documents of
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bailment‚ possession of goods is transferred‚ but property i.e. ownership is not transferred. A “bailment” is the delivery of goods by one person to another for some purpose‚ upon a contract that they shall‚ when the purpose is accomplished‚ be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the “bailor”. The person to whom they are delivered is called the “bailee”. Explanation : If a person already in possession of
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Bailment Quiz – Sonia Bear 1. What is a sub-bailment? When the bailee receives property from a bailor‚ the bailee then transfers possession to someone else‚ a sub-bailee (a person who receives a bailment of property from a bailee). Summarize case 15.1 on page 324. Mason‚ the bailor‚ contracted Thompson Funeral Home‚ the Bailee‚ to store of his parents’ urns. Mason provided instruction to Thompson to send the urns to Westside Cemetery for burial in common ground (one storage vault without
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the title deed. Once a caveat has been lodged‚ people are assumed to deal with the property at their own risk. This means that the usual rules of registered interests taking priority will not necessarily apply. For example‚ a person who is in possession of land and claims to be the purchaser paying by installments to the current registered owner would ordinarily need to seek registration as the owner to protect their interest (hence why most land purchases involve finance to ensure that the owner
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Book IV‚ Title VI‚ Articles 1458-1637 (Sales) TITLE VI SALES CHAPTER 1 Nature and Form of the Contract Article 1458. By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing‚ and the other to pay therefor a price certain in money or its equivalent. A contract of sale may be absolute or conditional. (1445a) Article 1459. The thing must be licit and the vendor must have a right to transfer the ownership thereof at
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