Accession

Question 1

accession definition

Answer 1

• industrial or natural joining
• some components ( accessory)
• lose legal identity
• incorporated into principal

Question 2

accession consequence

Answer 2

• owner of principal = owner of accessory

Question 3

General requirements of Accession

Answer 3

• corporeal things
• addition / join between two or more things
• composite thing
• must be permanent/indefinite
• must be able to identify principal and accessory

Question 4

Movable to movable requirements

Answer 4

• principal and accessory must be identifiable
• join must be permanent (sufficient join indicating permanency)
• indefinite join inferred ( mental)

Question 5

tests for movable to movable

Answer 5

• value: most valuable = principal
• bulk/mass= principal
• character form and function ( Khan)

Question 6

Khan

Answer 6

• court first considered bulk and mass
• decided not to use
• character form and function test = principal
• stolen rear end = principal
• does not regard other tests

Question 7

movables to movables explanation

Answer 7

• always human or industrial intervention
• to bring about join
• difficult to determine principal and accessory

Question 8

movables to movables determine

Answer 8

• whether things are movable or immovable
• increase or join to form composite thing
• identify principal and accessory

Question 9

planting and sowing

Answer 9

• all planted in seeds accede to soil
• owner of soil owns plants
• accession occurs when plants take root and draw nourishment

Question 10

planting and sowing: nursery

Answer 10

• plants never intended to remain permanently in soil
• accession did not occur
• business of nursery that plants remain movables

Question 11

planting in ignorance

Answer 11

• owner claims compensation for plants acceded
• claim labor costs
• rooted plants = owner of the land
• different outcomes based on different circumstances i.e lease

Question 12

building starting point

Answer 12

• everything built on land = part of land
• land is principal thing
• owner of land = owns that attached to land
• building accession : factual circumstances

Question 13

building underlying principles

Answer 13

• publicity

- protection of ownership ( reluctant to say accession occurred)

Question 14

building requirements

Answer 14

• attachment must indicate permanency

- show this on a BoP

Question 15

factors for building

Answer 15

1. nature and purpose of movable
2. manner and degree of attachment
3. intention

Question 16

intention traditional approach

Answer 16

• court relied on objective assessment of first 2 factors for intention
• if answer to factor 1 + 2 is clear = accession
• if not clear then look to the intention

Question 17

new approach

Answer 17

• subjective intention
• first two factors = inferred objective intention
• weighed up against ipse dixit (oral evidence or contract)
• determine real / actual intention

Question 18

macdonald

Answer 18

• considered 3 requirements
• did not meet permanency requirement
• retained right of ownership on default payment
• however removal not difficult / expensive
• 1+2 not clear so had to look at intention
• never intended to relinquish ownership
• no accession

Question 19

Theatre investments

Answer 19

• must look to subjective intention (ipse dixit)
• 1+ 2 = objective/ considered amongst other factors
• absence of intention: court decide for themselves
• considered nature: chairs specifically designed for theatre, removing them would change fabric of building
• lighting and dimmer board: essential features assumed they would be permanent
• would be difficult to remove
• terms of lease: expected to remain there for a long time
• permanent and indefinite = accession

Question 20

Melcorp

Answer 20

• inferred intention or express intention?
• in this case seemed to differ
• subjective intention clearly expressed in contract
• nature = integral part of building
• decided subjective intention wins out bc contract
• blur lines with derivative acquisition