Personal Property
Nature of Bailment
A bailment arises where goods belonging to one person are delivered into the custody of another for some period or purpose. One party holds another person’s goods / personal property with the former’s consent, whether express or implied.… Read the rest
Bailment Duties
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
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
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
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
Choses in Action
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
Assignment
Assignment of a Chose in Action
Generally, a chose in action may be assigned, subject to exceptions. A legal assignment may be effected in accordance with the Supreme Court of Judicature (Ireland) Act, 1877. An equitable assignment is one which falls short of the requirements of a legal assignment, but to which effect is given by a court of equity.… Read the rest
Intangible Security
Debts, Accounts and Policies
Certain types of assets are effectively legal claims, which can only be enforced by Court Action. A debt, insurance policy or bank account can be mortgaged by being assigned to the mortgagee as security.… 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