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LAWCOMM 442 - Personal Property LN.docx
LAWCOMM_442_-_Personal_Property_LN.docx
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LAWCOMM 442 - Personal Property LN.docx-Don Lye 17...
LAWCOMM_442_-_Personal_Property_LN.docx-Don Lye 171346040 LAWPUBL 442: PERSONAL
LAWCOMM 442 - Personal Property LN....
LAWCOMM_442_-_Personal_Property_LN.docx-Don Lye 171346040 LAWPUBL 442: PERSONAL
Page 78
Don Lye
171346040
o
“It might be otherwise if the master knew or ought to have known that his servant
was dishonest
, because then the master could be liable in negligence for employing
him.”
Examples.
o
“So in this case, if someone employed by the defendants in another depot had
broken in and stolen the fur, the defendants would not have been liable.”
o
“Similarly in my view if a clerk employed in the same depot had seized the
opportunity of entering the room where the fur was kept and had stolen it, the
defendants would not have been liable.”
Commentary
Note that these points did not arise in
Pioneer Container
and therefore were not
commented on by the PC.
6.6.1.2.1
Swiss Bank Corp. v Brink’s-Mat Ltd [1986] 2 Lloyd’s Rep 79
78
Page 79
Don Lye
171346040
7S
ECURITY
OVER
P
ERSONAL
P
ROPERTY
10.1 Charge, Pledge, Lien
10.2 The Former Regime of Romalpa Clauses
10.3 The Operation of Romalpa Clauses and the Inherent Problems
10.4 PERSONAL PROPERTY SECURITIES ACT 1999
10.5 Features of PPSA
Graham v Portacom NZ Ltd [2004] 2 NZLR 528
Waller v NZ Bloodstock Ltd [2005] 2 NZLR 549
Security interest.
Attachment and perfection.
Effect of Registration
Purchase Money Security Interest
See articles on the PPSA in casebook.
79
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Great resource for chem class. Had all the past labs and assignments
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