LAW 1509 Chapter Notes - Chapter 1: Detinue, Penfolds, De Facto
3 Jul 2018
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COMMERCIAL TRANSACTIONS READING PERSONAL PROPERTY
Personal property cited in Moore v Regents University of California as “being
‘sufficiently comprehensive to include every species of estate, real and personal,
and everything which one person can own and transfer to another’.” (Textbook
page 7)
Basic tenants of personal property set out in Barton v Australian Consolidation
Press Ltd [1970] 3 NSWR 141, 143: “ Once you exclude real estate and interests
therein and chattels real, then every other kind of property of whatever description
falls within the classification of ‘personal property’ especially that which is visible
or tangible.”
Chose in possession v Chose in action- e.g. hard copy textbook is a chose in
possession, intellectual property rights of copyright owner is chose in action. Chose
in possession must be PHYSICAL
Choses in action- cited in Henderson v State of Queensland (2013 1 Qd R 1, 15 as
money deposited in a bank account and therefore no longer physical and no longer
Choses in Possession
5 Types of Possession-
1) Custody- Someone has the goods but has no legal right to them
2) Actual Possession (De facto possession)- The owner has total “personal physical
control of the property to the exclusion of all others”
3) Constructive Possession- Right to possess without legal possession
4) Legal Possession- Defined as someone who is the legal owner in the eyes of the
law
5) Right to Possess- Legally enforceable right to possession of property
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Melissa Sparrow (a1668063)
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