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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 4
Don Lye
171346040
6.3
Subject Matter of Bailment
...............................................................................................
69
6.3.1.1
Garnham, Harris & Elton Ltd v Alfred Ellis Ltd [1967] 2 Lloyd’s Rep 22 (QB)
.......
69
6.3.1.2
James Buchanan & Co v Hay’s Transport Services [1972] 2 Lloyd’s Rep 535 QB
70
6.4
Relationship between Head Bailor and Sub-Bailee
...........................................................
71
6.4.1.1
Morris v CW Martin & Sons Ltd [1966] 1 QB 716 (EWCA)
.....................................
71
6.5
Exemption/Limitation Clauses
..........................................................................................
72
6.5.1.1
Morris v CW Martin Martin & Sons Ltd [1966] 1 QB 716
......................................
73
6.5.1.2
The Pioneer Container [1994] 2 All ER 253 (PC)
..................................................
74
6.6
Liability of Bailee for Acts of Employees
...........................................................................
77
6.6.1.1
Lloyd v Grace Smith & Co [1912] AC 716 (HL)
.....................................................
77
6.6.1.2
Morris v CW Martin [1965] EWCA
.........................................................................
77
7
Security over Personal Property
..............................................................................................
79
4
Page 5
Don Lye
171346040
1 INTRODUCTION
1.1 P
ERSONAL
P
ROPERTY
Real property vs personal property.
o
One definition of personal property is it anything that is not real property.
Don note, probably has to be anything that is property or capable of being
owned?
o
New and novel things usually get described as personal property.
Tangible property vs intangible property.
o
The focus of this course is on tangible property.
o
Intangible property – have no physical form – rights that ultimately can only be
enforced through legal proceedings.
E.g. copyright, patent, trademarks, choses in action (debts, etc).
o
Tangible property – known as chattels or goods or choses in possession.
Definition and significance of a recognised personal property interest
Will be able to be protect it from other third parties diminishing its value.
Can be exploited for profit.
1.1.1.1
Moore v Regents of University of California 793 P 2d 479
(Cal
1990)
Patient at medical centre suffering from leukemia – cell samples taken from him.
Unknown to him, discovered that the cells had unique capacities and the medical centre
engineered a cell line (from his cells) that had great therapeutic value (and monetary value).
Med centre tries to patent it, calling it the Moore cell line. Moore finds out and brings proceedings
against medical centre.
One of the courses of action was conversion – tort in relation to goods/property.
Argues that but for Moore’s body parts, cell line would not have been created – property was
used without consent.
Predicated on the assumption that he could still have ownership over his blood and body
parts. So the core issue is whether they can be viewed as property.
Issue
– whether blood and body parts can be viewed as property.
1.1.1.2
Victoria Park Racing Co v Taylor
(1937) 58 CLR 479
Defendant had a house with a view of a racecourse – could watch the race itself.
Defendant constructed a platform that enhanced his view.
Defendant’s friend would give a commentary of the races from the platform on the radio.
Plaintiff's spectators diminished – no longer need to attend the race to gamble.
Plaintiff tries to get an injunction to stop the defendant’s activity.
High Court of Australia
Judges thought activity was anti-social – defendant was taking advantage of the plaintiff’s
capital and labour – however irrelevant.
Legal principles – an injunction can only be granted to protect a legally recognised right.
Question was whether the plaintiff had the right to protect that view – effectively that it
was personal property.
5
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