Intermixture and Alteration Flashcards
Jones v De Marchant
Facts: P wife gave husband A money for 18 beaver skins for coat, A stored the skins in locker. A promised D a coat, gave P’s skins to D. D or A then gave to furrier (18 plus 4 from A), had them made into a coat. A gave coat to D.
Held: P wins. The title to her furs is still P’s, and that she is, under the law of accession, justified in claiming with them, against D, the materials added to them by the wrongdoer, and the increased value given to them by the labour expended.
Indian Oil Corporation v Greenstone Shipping
Facts: P is oil company in India that is set to receive oil shipment, D is shipping company. Some oil evaporated/unpumpable residues, so a bit less delivered than was loaded. Main claim is that P says the oil remaining on the ship (owned by D) had become P’s property. All oil roughly same quality.
Held: D wins (insofar as P doesn’t get ALL the oil). Where B wrongfully mixes the goods of A with goods of his own, which are substantially of the same nature and quality, and they cannot in practice be separated, the mixture is held in common and A is entitled to receive out of it a quantity equal to that of his goods which went into the mixture, any doubt as to that quantity being resolved in favour of A. He is also entitled to claim damages from B in respect of any loss he may have suffered, in respect of quality or otherwise, by reason of the admixture.
