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...

Find Another Essay On Commercial law---case study

Law Coursework Case Study of Benitez Computers LTD

756 words - 3 pages In advising Benitez Computers LTD we must consider whether the fax they sentout to a number of their customers was an offer or and invitation to treat.An invitation to treat is where a party such as Benitez Computer LTD arenot willing to implement the terms of their promise but merely seeking toinitiate negotiations. As in the case study of Partridge and Crittenden itwas decided that if the advertisement such as the fax sent out was aninvitation

The case law study of multi-modal transport issue

2678 words - 11 pages Corporation assessed that the cargo were not maintained at the proper temperature, and rejected as "unfit for human consumption" and returned. Because of the cargo damaged, so there was no commercial value. VMeen Business Corporation is contemplating legal action.Identify the CarriersIn this case, a House Bill of lading was issued covering the entire carriage. The shipper Chopstix Corporation engaged Hasslefree Transporters for the carriage of goods

How Can Chinese Shareholding Commercial Banks Create Competitive Advantage and Build Core Competence? A Case Study: Shanghai Pudong Development Bank.

9098 words - 36 pages AbstractThis project conducts a case study for the relations of competitive advantage, core competence and critical success factors in Shanghai Pudong Development Bank. The aims are to examine how Chinese shareholding commercial banks can create competitive advantage and build core competence.This research reviews a series of analytical theories, including different approaches of competitive strategies, core competence, CSFs and relations of


8962 words - 36 pages microfinance services to the informal sector in Liberia using Access Bank Liberia Limited as case study. The research evaluated the performance of this commercial bank in the delivery of microfinance services to the informal sector with the use of microfinance evaluation mechanisms covering the period 2008-2009.LIMITATIONS OF THE STUDYWith the involvement of commercial banks in microfinance, this research would have been ultimate to be designed to cover

Educational Law Case Study

1040 words - 4 pages Case Study:Summary of Case:I will be focusing my attention on the third case. This case discusses a major issue haunting schools across the country; bullying. In this specific case a grade 11 student was concerned for her own safety as threats had been made by another student. The teacher was informed and the student was told to contact the vice-principal. Instead of doing this, the student went home over lunch and returned to school with a

Criminal Law Case Study

1892 words - 8 pages The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous

An example of The policy cycle in New Zealand using Homosexual Law Reform Act 1986 as a case study

2653 words - 11 pages This essay will explore the Homosexual Law Reform Act as a case study of the "policy cycle". Through out this essay I will investigate the interactions which took place between actors such as politicians, interest groups, individuals which led to the emergence, formation and the implementation of the Homosexual Law Reform Act. This paper discusses the background and the leading events which set the agenda. This essay also will go on to

Workplace Law - Case study analysis

1745 words - 7 pages necessary indicia specified in the case of Metals and Engineering Workers Union - Western Australia v Centurion Industries Ltd (1996) 66 IR 312. Furthermore, this provision of law also stipulates that the nature of her contract can change (which it has) from that of a casual employee to a part-time one.3. Elizabeth can be classified as a part-time employee. Therefore, her employment contract should entitle her to a provision of sick leave pay

International Trade Law Case Study

2332 words - 9 pages case. France is one of the contracting parties of the Vienna Convention but not Indonesia. Although Indonesia is not contracting parties in this act, according to article 1(1b), the convention will apply when the parties are in different countries and the proper law of the contract is that of a country that is party to the CISG and that country has not made a relevant article 95 declaration. CISG will apply to the contract if the law applying to

CAW vs PC WORLD - Law Case Study

1234 words - 5 pages CAW vs PC WORLDCaseStraight out, this case is about the "duty to bargain in good faith", unfair labour practices.CAW-Local 127, the applicant, claimed that PC World the responding party, that they engaged in bad faith bargaining, and requested a number of remedies for the alleged breach. PC World denied it had breached the Act, and was seeking the dismissal of these applications.The Boards decision after hearing from both sides: a) is that the

Titan Case Study- International business law

1944 words - 8 pages limit, the problem of bribery throughout the world.Scope of researchIn order to find a case that corresponded to a topic which was covered during the seminar, I started out by looking for articles which talked about corruption. When I came upon an article that seemed to cover international business law, the Titian case, I continued to search for related articles.Most of the articles mentioned the Foreign Corruption Practices Law of 1977, so it

Similar Essays

Law Case Study

1459 words - 6 pages Law Case Study X owns a holiday cottage in a remote mountain area. In May he agreed to let it to Y from 1-15 August. Y paid a deposit of £ 200. On the afternoon of 31 July, after Y and his family had set off from their

Contract Law Case Study

3017 words - 12 pages Contract Law Case Study Both the parties in the question have come to a problematic situation which is complicated to resolve. Friend's of the Forest (Friends), represented by Christabel, is involved in a commercial trade with Paper Supplies Pty Ltd (Paper) which is represented by Dee. A contract needs four essential elements to exist. In the

Law Case Study On Property

2981 words - 12 pages App No 139 of 1986, Peter in this case has not been guaranteed security of tenure by Part IV or V LTCO due to a commercial lease of more than 3 years. Thus, John may be able to granted forfeiture if he refuses to accept further rent.Moreover, since Peter has a statutory right to relief under s58(2) CPO even for non payment of rent Billson and Others v Residential Apartments Ltd (1992) 2 WLR 785, the acceptance of rent from Peter may strengthen

Australian Law And Business Case Study

2464 words - 10 pages contractual relationship with Fred, but on different terms from those in the original contract. The new contract need to be clearly stated the requirement of the portrait (i.e. very complimentary likeness of Boris) in order to protect Boris’s interest.BibliographyBarker, D & Padfield, C 1996, Law, 9th edn, Reed Educational & Professional Publishing Ltd., London UKGibson, A 2005, Commercial law in principle, 3rd edn, Lawbook Company