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Chapter 17 Personal Property.docx

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Ryerson University
Law and Business
LAW 603
Gil Lan

Chapter 17 Personal Property Real property- is immoveable Personal Property- is moveable Tangible Property- is a thing that can be touched Intangible Property- is a thing that cannot be touched • Property rights not always through contract • Occupier is entitled to personal property if it is found in an area which the occupier had a intention to exercise control Losing personal property rights • Rights do not last forever • Lose rights if item is destroyed • Rights exist if item is lost or stolen but situation different if abandoned, can also be lost if item is attached/mixed with land or other chattels • Fixture- is a chattel that has been sufficiently affixed , or attached to a land or building • Degree of attachment- more likely considerd a fixture if attached to building rather than sitting under its own weight • Purpose of attachment- if something was added to increase value than it is a fixture , if something was just added for function less likely to be function • Tennants Fixtures- if property becomes landlords you can take it back if it is removed from the property • Concept summary 17.1 pg 403 Bailment • Occurs when one person temporary gives up possession of property with the exception of getting it back • Bailor- is the person who delivers property • Bailee- person who receives property • Consignment- occurs when owner gives property to another person to sell (never becomes owner) • License- permission to do something that would otherwise be wrongful • Concept summary pg 405 17.2 Liability of bailors • If as a bailor you receive consideration (payment) for the use of the item provided to the bailee, you have a common law obligation to provide an item fit for its purpose. • Lien- is the bailee right to retain property possession until the bailor pays its debts • Right of sale- allows a bailee to sell bailors property to obtain payment of debt, if product worth more than debt bailor entitled to extra money Liability of Bailees • To return the property in good condition at the end of the arrangement (if it is to be returned); • To prove that the bailee was not responsible for any loss or damage to the property, provided the bailor first proves the property was lost or damaged while in the possession of the bailee. • Custom contratct and statutes- if contained within a contract parties generally free to agree upon level of care • Benefit of bailment- greater care if a bailment is entirely for the benefit of the bailee • Gratuity or reward- bailee burden depends upon whether it was free of charge or for payment • Value and nature of the property- reasonable person behavior influenced by the nature and value of property • Bailee Expertise- I might be expected to exercise greater care if I claimed to have special experience or training in handling the property Common Carrier- is a company that offers to deliver any goods for any person in exchange for a standard price • Common carrier has few defences • Act of god- is a natural catasrophe • Inherent vice- is a defect in goods themselves • Exclusion clause- is a contractual term that protects one party from liability Sub-Bailment • Occurs when a property that is already held under a bailment is transferred into a further bailment • Can only happen with the bailors consent • Courts also often recongnize implied consent • Can be held for tort of conversion if conduct seriously interfers with bailors ownership • If lost in sub bailee possession , a claim may be brought or the original bailor can sue the sub bailor if the sub bailee knew or ought to have known that it received posessions of goods that were already held under a bailment
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