Individual/ Collective Rigts

Question 1

Yearworth and others v North Bristol NHS Trust (2009)

Answer 1

The sperm did amount to property that was legally owned by the men who supplied it even after it had left their body because they had produced it so the could later use it for their benefit. It breaks new ground in holding that body parts an amount to property even if they have not been subjected to any kind of work or skill.The defendants had also breached their duty of care.

Question 2

National Provincial Bank v Ainsworth

Answer 2

Mrs Ainsworth did not have a proprietary interest in the land which was capable for amounting to an overriding interest. Her right to remain in the house was a mere personal right as against her husband . It did not confer on her any equitable estate or interest in the house .

Question 3

Hill v Tupper (1863)

Answer 3

The court held that this was only a personal right and not a profit. The right to have the sole and exclusive use of land covered by water was not an established right in law . If the plaintiff had needed to get from one side of the canal bank to the other this could have been an easement as the right wild clearly have benefitted the land . Here , the right was not connected with the land. Consequently , this was not a valid profit. Numerous clauses principle : it was not open to A and H to agree to create a new property right . The common law only recognises a limited number of property rights.

Question 4

Creative Foundation v Dreamland Leisure Ltd

Answer 4

The court held that a Banky mural on the wall of a building belonged to the landlord , not the tenant . The building formed part of the land belonging to the landlord and the mural had become part of the land when it was sprayed onto the wall. The default position is that every part of the property belongs to the landlord and this would not change just because a tenant removed an item to comply with its repair obligation.

Question 5

Midland Silicones Ltd v Scruttons Ltd (1959)

Answer 5

A bailment arises when , albeit on a limited or temporary basis , the bailee acquires exclusive possession of the chattel or a right thereto.