LLB220 Study Guide - Midterm Guide: National Crime Authority, Borough Of Waverley, Stra
DOCTRINE OF ACCESSION; POSSESSION AND FINDERS
Doctrine of Accession
Addition of a chattel to a chattel
-Accession is a legal doctrine. We know that the chattels are physically joined somehow,
or the issue would not have arisen.
-There are 4 different tests as to whether accession (ie, legal joining) has occurred or not,
set out in Thomas v Robinson
Degree and purpose of annexation – Look at facts of the case including the degree of
annexation, the nature of the chattel and the intention of the parties – a lenient test of accession.
Destruction of utility - even though the article can be removed without damage to the
principal chattel, would that nevertheless destroy its usefulness as such? If so, there will have
been accession.
Injurious removal – No accession unless added chattels cannot be separated from the principal
without destroying or seriously damaging it.
Complete incorporation - No accession until there has been such complete incorporation the
chattels are no longer distinguishable.
Thomas v Robinson – car upgrades, higher purchase agreement he was unaware of
-“innocent third party” – owner of the minor chattels believes on reasonable grounds
that they owned the major chattel
McKeown v Cavalier Yachts – not innocent third party
Possession
Actual possession (in law)
-Factual control (can be unlawful)
-Intention to possess
-Young v Hitchins; hadn’t completely closed the fishing nets, didn’t quite have possession
Constructive possession
-Pollock v Wright
-Dominion but also lawful possession
-Employee/servant, servant has physical control
Lawful possession
Specified
Right to immediate possession
Lending a textbook, can come and get at anytime
Right to future possession (reversionary interest)
-Car hire, rights revert back
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Document Summary
We know that the chattels are physically joined somehow, or the issue would not have arisen. There are 4 different tests as to whether accession (ie, legal joining) has occurred or not, set out in thomas v robinson. Degree and purpose of annexation look at facts of the case including the degree of annexation, the nature of the chattel and the intention of the parties a lenient test of accession. Injurious removal no accession unless added chattels cannot be separated from the principal without destroying or seriously damaging it. Complete incorporation - no accession until there has been such complete incorporation the chattels are no longer distinguishable. Thomas v robinson car upgrades, higher purchase agreement he was unaware of. Innocent third party owner of the minor chattels believes on reasonable grounds that they owned the major chattel. Mckeown v cavalier yachts not innocent third party. Young v hitchins; hadn"t completely closed the fishing nets, didn"t quite have possession.
