Elements Flashcards
Testamentary promises act requirements:
- Work or services performed
- Promise to make testamentary provision
- Causal nexus between promise and services
- Promise not fulfilled
Trespass to land elements:
Matchitt v Whangara
1. Trespasser’unjustified direct interferance with land
- voluntary
2. Plaintiff in actual possession of land
Fixtures elements:
Holland v Hodgson
1. Degree of annexation
2. Purpose of annexation (objective)
Approach to sale of land:
- Is there a valid contract
- s 24 + PLA - If ALDS contract:
- Risk lies with V in the in between period - Otherwise default rules apply:
risk passes with equitable title.
- unconditional = risk with P
- Conditional = depends on nature of conditions - In either scenario:
- Can P claim V’s incurance, s 13 ILRA
- Could either sue in trespass
Elements of lease:
Fatac v Commissioner of IR
1. Grants exclusive possession
2. Definite term
Easement identifying features:
Street v Fountaine
1. Subjectively intended to create easement
2. Objectively have characteristics of easement
Easement elements:
Re Ellenborough Park
1. a dominant and servient tenement
2. right confering benefit on dominant
3. owners must be different
4. Capable of forming subject matter of a grant (cannot be too big)
Proprietary Estopple elements:
Thorner v Major
1. Representation / assurance to claimant
2. A reliance on this
3. Detrement as result of reliance
LTA fraud elements:
s 52 LTA
1. forgery or dishonest conduct by RO against unregistered interest
2. Actual knowledge or wilful blindness
3. Intended to defeat the unregistered interest
In personam elements:
Dollars & Sense
1. Must not be inconsistent with torrens system objectives
2. Unconscionable conduct by current RO
3. Recognised course of action
Trespass to goods elements:
- P in possession
- Intentional act by D
- Act amounted to unlawful interferance
Remedies:
- injunction
- compensation for loss
Conversion of goods elements:
- P has RTIP
- Dealing or using chattel
- Intentional
- Inconsistent with Ps rights
Remedies:
- fictional sale
Detinue elements:
- P has RTIP
- Demanded return
- Return refused
- Refusal unlawful
Remedies:
- Get it back
- Value at time of judgement
Breach of bailment elements:
Conway
Bailor:
- Existence of relationship
- Loss or damage
Bailee:
- No fault
- No causation
Remedies:
- Compensation
Damage to reversionary interest elements:
- Damage to goods
- Damage will last beyond bailment
- Damage is to reversionary interest
- owner will get it back one day - Damage would be otherwise claimable if they had title
Gift elements:
Williams v Williams
1. Intention to make a gift
2. Acceptance
3. Delivery - constructive or actual
Valid transfer of property requirements
- Goods ascertained - s 143
- specific - Property passes when intended - s 144
What are the default rules?
Rule 1:
- Specified and in deliverable state
- Passes when unconditional contract made
Rule 2:
- Specific goods requiring something done
- Thing must be done and notice given
Rule 3:
- Need to ascertain price
- Price ascertained and notice given
Rule 4:
- Goods subject to buyers approval on delivery
- Acceptance + retains goods
Rule 5:
- Unascertaned / future goods
- Appropriated
Mercantile agent elements:
s 297
1. Mercantile agent
2. In possession with owner’s consent
3. Sale to another
4. Sale in ordinary course of business
5. Buyer in good faith without notice
Express trust elements:
s 15 Trusts Act
1. Certain intention
2. Certain subject-matter
3. Certain pbjects
Constructive trust elements:
Lankow v Rose
1. Contributions to owner’s property
2. Expectation to receive interest
3. Reasonable
4. Owner should reasonably expect this
Dishonest assistance elements:
Westpac v MAP
1. Breach of trust
2. Assisted
3. Dishonestly
Knowing receipt elements:
- Breach of trust
- Received trust property
- Knowledge
PPSA
- Is there a security interest - s 17
- Lease for more than a year - portacom - Attachment
- S 40- Value given
- Debtor has rights in the collateral
- S 44 - consumer goods
- Require specific appropriation
- Perfection
- Financing statement
- S 142 - general requirements
- Reg 16 - serial number goods
- Ss 149 - 151 Invalid if seriously misleading error - Exceptions to perfection
- S 54- Low value consumer goods
- S 45
- Expressly or impliedly authorised
- S 53
- Sales in ordinary course of business
- S 55
- Incorrectly described serial number goods
- Low value consumer goods
- Extension of SI to other goods - s 45(1)(b)
- Tracing
- Proceeds
- Bank accounts
