Personal Property

Trespass to Goods

Intangible Property Most intangible property rights are so-called “choses in action”. A chose in action is a right asserted by legal action. The classic type of chose in action is a debt or an incontrovertible contractual obligation.… 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

Title Retention

Overview Retention of title is of immense practical importance. If facilitates security for credit granted when goods are sold on credit. Where the goods are sold on credit, and the buyer fails or refuses to pay or becomes insolvent, then the seller cannot reclaim the goods.… 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

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

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

Security over Goods

General It is possible to mortgage or charge movable goods. However, the Bill of Sales Acts impose severe practical restrictions on the grant of security by an individual over goods. A written mortgage or charge of goods must be registered within strict time limits.… Read the rest

Security Bills of Exchange

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