Law Notes Aspects Of Obligations Notes
Aspects Of Obligations notes fully updated for recent exams in the UK. These notes cover all the major LLB aspects cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Canada, Hong Kong or Malaysia (University of London).
These notes were formed directly from a reading of the cases and main texts and are vigorous, concise and very well written. Everything is conveniently split up by topic as you can see by th...
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Aspects of Obligations
Bailment & Property Torts
15 September 2011
Bailment
Introduction to Ownership & Possession
General Features
Legal Character
Possession consists of factual control and an intent to exclude others from control
Young v Hichens (1844) (HC) –fisherman had just caught some fish but had not get put the lid on the net. Somebody took them instead and fisherman could not show that he had been in control when the lid had not been put on the net yet
The Tubantia (1924) (CA) –claimants had earmarked a wrecked ship using buoys and lines and defendant interfered. Claimants were in possession because they were exercising the use and occupation of which the subject matter was capable
Can distinguish Young v Hichens because here, they were in a position to prevent defendant from exercising a similar degree of control
Indivisibility
Possession is based on the exclusion of others, and cannot be shared
However, there may be consensual shared possession
Bailor and bailee may also simultaneously possess
The fact that the bailee may recall the item at any time is a reflection on relativity
Great Eastern Railway v Lord’s Trustee (1909) (HL) –defendant had lien over coal that it kept for itself. It was already in possession when it refused claimant to recover it
Extent of Control
An employee will only have custody of items, whereas an employer has possession
This is comparable to other circumstances too (e.g. hotel guests, diners in restaurants)
Acquisition by Finding
Abandoning Possession
Possession may be given up, but if still owned, possession can be later retained
If only possession abandoned, the finder will lose possession if taken up again by owner
Abandoned Chattels
The first finder of the abandoned chattel then takes position of the true owner
Lost Chattels
The first finder of a lost chattel takes a property right subject to the true owner
The finder is deemed to hold as bailee under a fictitious bailment
Therefore, if the finder deals in a way where he would commit the tort of conversion if he were a bailee, he is similarly held responsible here
There is a duty to try to find the true owner, and if this is not complied with, he is no longer immune from the tort of conversion
Parker v British Airways Board (1982) (CA) –passenger at Heathrow found a gold bracelet in the executive lounge and handed it to the airport authority, asking it to be returned to him if true owner was not found. Authority sold it and took the proceeds. There was no intention to control things on premises, so finder had better claim
Would have been different had a notice been put up of intention to control any items
Also would be different with things attached to or under the land–occupier would control
As a matter of policy, law favours occupier when finder is trespassing upon land
Employee finders would have custody while employers would possess
Waverley BC v Fletcher (1996) (HC) –finder discovered medieval brooch under authority’s land but couldn’t claim
Treasure Trove
Prerogative Claim
The Crown has a claim if the chattel found is treasure trove
This is money or coin, gold, silver, plate or bullion that has been hidden
Must be hidden to get around any suggestions it has been abandoned
There is a presumption that they have been hidden if buried or in a place of concealment
Treasure Act 1996
This supplements the common law definition with things at least 300 years old
Includes coins together with other metallic objects with at least 10% gold/silver content
Secretary of State can designate as treasure objects at least 200 years old if important
The requirement that the property be hidden has been removed by this Act
Bailment
Definition
Transfer of Possession
The relationship by which a bailor transfers possession of a chattel to a bailee
Can be at will (recall at any time) or for a fixed period (recall after a certain time)
TRM Copy Centres v Lanwall Services (2009) (HL) –Lord Hope – when goods are given to another on the condition that they be restored to the transferee
Bailor Possession
Bailor must have had possession or a right to possession
Armory v Delamirie (1721) (HC)
Bailee Possession
Bailee will then have possession of the item
Ashby v Tolhurst (1937) (CA) –car park attendant allowed thief to take away car even though he had no ticket nor keys. Car park benefitted from exclusion clause. Held that possession of the car had not passed– there was no bailment.
Voluntary Assumption of Possession
The bailee must receive possession voluntarily
East West Corpn v DKBS (2003) –relies on consent rather than contract
The transferee must know that the property belongs to another person
Marca v Christie’s (2004) (HC) –Tuckey LJ –if you are to owe duties to somebody you should have some means of knowing of his existence
Goods Capable of Bailment
The goods must be capable of bailment
Dobon v North Tyneside HA (1997) (CA) –can have possession of a corpse for purposes of disposal and burial. Arguable that a corpse could become property if subjected to a process such as embalming or stuffing
Hoath v Connect Internet Services (2006) (SCNSW) –right to use domain name could not be part of bailment relationship because it was a chose in action, not tangible property
Types of Bailment
Coggs v Bernard
Six types of bailment have been recognised in Coggs v Bernard
Coggs v Bernard...
Buy the full version of these notes or essay plans and more in our Aspects Of Obligations Notes.
Aspects Of Obligations notes fully updated for recent exams in the UK. These notes cover all the major LLB aspects cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Canada, Hong Kong or Malaysia (University of London).
These notes were formed directly from a reading of the cases and main texts and are vigorous, concise and very well written. Everything is conveniently split up by topic as you can see by th...
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