Personal property Flashcards
Joly v Pelletier
C claimed that through his DNA tests he was not human
- he said that he was cloned from debris found on Mars by NSA in the 1960s
- A plaintiff is “a person who commences an action”
- Only a person can hold rights and he was claiming he wasn’t a human being
Yearworth v North Bristol NHS Trust
Men were diagnosed with cancer before chemotheropy
- property damage
- sperm was legally owned by the men
- human tissue can be subject to property rights if it is irreplaceable
Doodleward v Spence
a body part could amount to property if some work had been done on it or some skill applied to it
Grady v HM Prison Service
Employment claims are in their nature personal not proprietary
- right did not vest in the trustee in bankruptcy so it didn’t form part of her estate
- C could pursue her rights
Young v Hitchens
- C did not have control yet
- so no trespass
Flack
Courts assume that if its in her home then she has intention to possess it even if she doesn’t know about it
Rex v Warner
more than just mere control
- just because he had the box doesn’t mean he intended to possess things inside it
Marcq v Christies
if auctioneer sold goods, all committing conversion
- no conversion though
- he is just in transit
- accpeting possession bona fide of stolen goods is not conversion
The Winkfield
D cannot bring up V’s dealings with other people as a defence
- they were bailees, and not liable but bailors can’t sue
Waverley Borough Council v Fleture
Auld LJ - don’t consider real owner, because then it’ll be too complicated
- Gold brooch was in the land
- ratio: it was a part of the land so assume the park owner wants possession of it
- obiter: also trespass
Amory v Delamirie
- tort of conversion to ply out the jewels
- chimney sweeper had right first so better right
