Personal Property

Nature of Bailor and Bailee’s Rights The bailor continues to be the owner of the goods, despite the transfer of possession. He may sue to recover the goods against a third person for conversion. He can also sue for damage caused to the goods by a third party.… Read the rest

Sub-Bailment

Sub-Bailment or New Bailment If the person who holds goods bails them or gives them to a third party, then there may be a sub-bailment or a new substituted bailment. If the new bailee is intended to be a subordinate instead of a substitute, the original bailee continues as such; this is a sub-bailment.… Read the rest

Leasing

Hire of Movables The hire of movables covers many different types of transactions and arrangements. They may range from the long-term leasing of major items of capital equipment to a short term hiring of consumer goods and equipment.… Read the rest

Consumer Hire

Consumer Hire and Hire Purchase Goods and equipment may be let and hired. Hiring is a type of bailment for reward, and the common law provisions apply, subject to legislative modifications. The ordinary rules for the formation of a contract and its avoidance by fraud, mistake, misrepresentation, incapacity etc.… Read the rest

Contracts & Title

Interests in Goods It is possible for there to be multiple equitable co-owners of goods. Persons may be legal joint owners, but equitable co-owners. The principles in relation to joint ownership and tenancy in common in respect of goods are broadly similar to those for land.… Read the rest

Proprietary Remedies

Proprietary Claim It is a fundamental principle of law that one cannot give what one doesn’t have. This is sometimes expressed by the Latin maxim “Nemo dat quod non habet” or more commonly “Nemo Dat”. Generally, a person cannot give a better title to goods or other assets than that which he holds. … Read the rest

Trespass to Goods

Torts Protecting Ownership/ Possession of Goods There are a number of civil wrongs which protect the rights of the true owner and the person in possession of goods. Because of the relativity of title, the true owner might better be described as the person with the better title to the goods.… Read the rest

Detinue

Nature of Detinue Detinue is the wrongful withholding, retention or detention of goods (chattels, movable personal property) by the defendant, in respect of which the claimant has a better title. The person detaining the chattel must do so adversely to the claimant’s rights.… Read the rest

Conversion

Nature of Conversion I There is conversion where a person wrongfully deprives the true owner of the use and possession of goods. Conversion takes place where there is any dealing with goods which is inconsistent with the rights of the true owner.… Read the rest

Overview

Personal Property Personal property is distinguished at common law from real property. The importance of the distinction has reduced over time. Prior to 1959, there were different rules on succession for each type of property, which had profound consequences.… Read the rest

Acquiring Title

New Goods When a product is manufactured or created, a new ownership/ title comes into existence. The components / ingredients which have been incorporated and lost their identity, cease to be owned or possessed separately. The components cease to have a separate title, once their identity is subsumed in that of the new product.… Read the rest

Title & Possession

Title / Ownership of Goods Title refers to ownership. The owner is said to have title.A property right gives the right to assert possession, control and ownership of something, which holds valid as against all persons.… Read the rest

Title Issues

Title Conflicts in Relation to Goods The general position is that a person cannot give title unless he has title; only the “true” owner may dispose of the goods. This is expressed in the Latin phrase Nemo Dat Quod Non Habet; no person may give what he does not have.… Read the rest

Title by Estoppel

Absolute Bill of Sale

Bills of Sale The Bill of Sales Act is intended to prevent persons obtaining credit on the basis of their apparent ownership of goods, which they do not in fact own. The legislation is in some aspects narrow, but in other ways has wide application and great practical significance.… Read the rest

Real v Personal

Real / Immovable v Personal / Movable Property I Traditionally, the law distinguished between real and personal property. Until the 1950s, different rules applied to the transfer of real property and personal property on death. Real property referred principally to freehold land, while personal property referred to all other interests, including leasehold interests and movables.… Read the rest

Trespass to Goods