Commercial Law Case Study

1783 words - 7 pages

Number 1 Xavier StreetThe issue of the vendors took the seating and hair dryers that had all been securely bolted to the floor and removed the potted palm tress and antique wooden bench would be considered to be the issue about property. There are two kinds of properties, real property and personal property. Fixtures are objects such buildings, garden shed and fences. The legal test for ascertaining whether an object is a fixture was stated in Australian Provincial Assurance Co Ltd v Coroneo (1983) SR (NSW) and involves a legal presumption, depending on whether the object is affixed to the land, which may be rebutted by evidence of the intention of the person affixing the object (Gibson, Rigby & Tamsitt 2003, p338). It is important to determine if an item is a fixture (and therefore part of land) or personal property, since fixtures will pass to a purchaser under a contract for a sale of land but personal property will not. The standard tests for determining whether an object is a fixture or a fitting are: the degree of annexation text and the purpose of annexation test (Gibson, Rigby & Tamsitt 2003, p339). In this case, the seating and hair dryers are securely bolted to the floor; they are part of the land. Which would be considered as the fixtures, which should pass to a purchaser under the contract. Meanwhile, the potted palm tress and antique wooden bench would consider to be personal property, which can be took away buy ex-owner. In conclusion, Dotty can ask seller to replace these fixtures.The purchase of chairs in the auction would be considered to be a contract for the sale of goods. This brings the transaction under the sale of goods act. Consider whether there are any implied terms in the contract. The act states that there is an implied term that the seller has the right to sell the goods or will have the right at the time property is to pass (Gibson, Rigby & Tamsitt 2003, p247). In this case, Dotty bought those chairs from the auction. The buyer can obtain full tile to the goods, regardless of any defects in the title of the seller.The issues of Dotty's neighbour Oscar flew a model aeroplane over her head and shot her dog with air-gun are real property and interfering with the possession of the chattel. Land is defined to include the soil, substratum (excepting those minerals reserved to the crown) and airspace as necessary for the enjoyment of the land and fixture (Turner 2003, p518). Flew a model aeroplane over her head would be considered as an interference with the possession of land. Also interests in land may only extend above it to such height as is necessary for the ordinary use and enjoyment of the land and the structures upon it. Therefore, Dotty has the right to ask Oscar stoping doing it.Oscar shot Dotty's dog with air-gun is the interference with the possession of the chattel. Trespass to chattels occurs where the defendant directly interferes with the possession of the chattel. Interference may be removal or...

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