Cases Flashcards
YEARWORTH AND OTHERS V NATIONAL BRISTOL NHS TRUST (2009)
Sperm; it was the guys property
NATIONAL PROVINCIAL BANK V AINSWORTH (1965)
-A man and his wife and fam had a property, though the man was the sole registered proprietor.
-The property was later used to secure an overdraft for her property.
-Prior to the arrangement with the bank the man had abandoned the property and his wife was permitted to continue living there rent free
-The bank sought the possession of the property, which the wife resisted.
-Under the LRA 2002, Sch 3 certain interests are overriding, meaning that even if they are not registered they can be asserted against those with registered interests in the property. -One of those overriding interest belonging to a person in actual occupation of the property.
- Can the bank claim possession of the house despite the continued occupation of the defendants family?
Held: No overriding interest. The necessary interest had to be proprietary. It was a mere license and a personal right. No possession for her.
HILL V TUPPER (1863) 2 HURLSTONE AND COLTMAN
The defendant put his own boats for the hire on the canal, disturbing the plaintiff’s business and causing him loss of profits.
CREATIVE FOUNDATION V DREAMLAND LEISURE (2015)
Dreamland rented the property under a 20 year lease. It was a term of the lease that Dreamland would keep the property in good repair and condition.
The mural soon became popular with local residents and attracted press attention but Dreamland removed the section of a wall on which the mural was painted and shipped it to NY.
Held: It was not a breach of the lease for the tenant to cut the walls to the extent necessary to comply with the repair covenant, but that was only engaged when part of the building was out of repair or condition.
WALKER V BURTON (2013)
Held: (CA) registered owners of an estate successfully registered their right to a the Fell surrounding it & this was held to be a confirmed title.
Mummery LJ: “It was a relevant consideration that the Fell should be owned by someone rather than left in limbo with continuing uncertainty about title to it” the Burtons “had invested time, effort and money on improving the Fell and its management.”
ARMORY V DELMIRIRE (1722)
Plaintiff, a window sweeper’s boy found a jewel…
A founder of an object has a property interest which is not absolute, but is sufficient to allow the finder to keep the object against all claims but those made by the rightful owner.
Held:Yes. When a person finds an abandoned property does the finder have rights to that property against a 3rd party?
A finder of lost property obtains title sufficient to prevail over every other claimant except the true owner.
SALE OF GOODS ACT 1979 SECTION 21(1)
21 Sale by person not the owner.
(1) Subject to this Act, where goods are sold by a person who is not their owner, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller’s authority to sell.
