Belonging To Another Flashcards
Def
S.5 - property shall be regarded as belonging to any person as having possession or control of it or having in it any propriety right or interest
Turner
The car was in possession and control of the garage so it was property belonging. D was guilty of stealing his own car.
S.5(3) - property received under an obligation
The property still belongs to the orginal owner until the obligation has been carried out
Davidge V Bunnett
Money had been given for a specific purpose, he had a legal obligation to deal with it so it was property belonging to another.
S.5(4) mistake
If property obtained by mistake, there is no legal obligation to return.
Gilks
The buyer is under a legal obligation to return the extra money and by keeping it is an act of appropriation.
AGR No 1 1985
Under a contract of employment where extra money is given by wage or salary is retained will be an act of appropriation
