Personal Property Accession It is true that once an accession has happened, the property consequences are clear. The ‘accessory’ accedes to the ‘principal’, and the interest of the person who owned the accessory is extinguished. If my handle is fixed to your jug, you own the jug-with-handle. The owner of the ‘principal’ is the owner of the whole. There may, though, be other consequences aside from the extinction of my interest in the handle. Will I be entitled to any form of compensation? Are there any steps you will have to take in order to be fully entitled to the jug as against me? Much of the case law in this area has focused on the difficulty of framing a single test for accession, but there are also interesting dicta relating to these seemingly secondary considerations. The bulk of this essay, though, will deal with the attempts to define when an accession happens and what accedes to what. It will become clear that the short answer is ‘it depends on the circumstances of the individual case’, so the task will be to identify the considerations that weigh in favour of an accession being found on any given set of facts. It must also be noticed that although we began with the example of a jug, the relevant principles apply equally to the accession of chattels to land. This is often called ‘annexation’ but the rules are the same. Many of the leading decisions in this area involve chattels and land, and as far as the question of ‘when an accession happens’ is concerned, there is no difference, but it is obvious that our consideration of ‘what accedes to what’ will not be aided by cases that turn on whether a parti... ... middle of paper ... ...e of attachment, which obviously encompasses the possibility of separation without injury to the principal or accessory, the mode of attachment, and the purpose of the attachment, in particular whether it benefits the principal or is for the better use of the accessory. The courts will, it must be said, look at all of these questions in the light of what is the most practical arrangement although this will not decide a case on its own. The ‘what accedes to what’ question is usually straightforward but in the difficult cases that have been litigated, the identity of the resultant object (what name we call it can suggest which part is the principal, for example the jug), the relative value and size of the two parts are all relevant, but form part of a calculus rather than in themselves being separate tests to satisfy.
AWI presented two arguments against the injunction, 1) that it fails to maintain the statutes quo, and 2) that it does not serve to cure the Plaintiff’s injury. The Court of Appeals first found that an injunction should attempt to preserve the period when there were no issues between the parties, which in this case, was when AWI pumped less water. Second, the Court of Appeals found that an injunction need not cure the Plaintiff’s injury, but instead should serve to guard against future injury. While AWI alone may not be causing the entire drawdown, stopping their pumping should increase the overall supply of groundwater. In general, the Court of Appeals found that the District Court correctly applied the law in granting the injunction. After Garetson, senior waters users will find that injunctive relief will be a strong and available tool in future water disputes.
Ron Engineering & Construction Eastern Ltd. v. The Queen in Right of Ontario et al. 24 O.R. (2d) 332,
"Where did man come from? Where did time begin? Who, or what, created all things?" These are questions that mankind has sought to answer from the beginning of existence as it is known today. Many stories and fables have been told and passed down from generation to generation, yet two have survived the test of time and criticism.
You must understand, sir, that a person is either with this court or he must be counted against it, there be no ro...
In Nils Christie’s “Conflicts as Property”, Christie develops an argument in which depicts the concept of perceiving conflict as property and the measure that it impacts individuals and the legal system. This summary will further examine and comply with Christie’s perception, that conflict can be seen as property. In order to examine the argument and perspective of the author, understanding his implementation is of great importance. The ways in which professionals in the area of law can be perceived as “professional thieves”, and the example of laws pertaining to domestic violence, will be further discussed to validate the key concept of conflict as property. In summary; Christie believes that conflict is adverse to growth of the society
The General Court. "General Laws." : CHAPTER 265, Section 37. 2014. Web. 20 Apr. 2014. .
Since the Court found that Jacob & Youngs had substantially preformed the contract, and that the cost to remedy to damages unreasonable, Kent is entitled to be compensated the difference in value between the reading manufacture pipe specified in the contract and the pipe that was actually installed.
A gift is the transfer of legal property such as land, a house or money. Since there is no consideration for the gift, a gift is not regarded a contract and as such a gift will fail if the person giving the gift does not take the necessary steps to divest himself from the gift. Where a gift fails it reverts back to the person intending to make the gift or to the estate of that person where the gift is testamentary. A completely constituted trust implies that the trust property is conferred to the trustees and the trust is binding on the donor who cannot revoke the trust. When the trust property is not properly vested the trust is considered incompletely constituted and it is void as equity will not force the donor to complete the trust.
R v Secretary of State for Transport, ex parte Factortame Ltd and others [1999] All ER (D) 1173.
Private property has been a crucial human right for hundreds of years and has been very influential on the actions of individuals. Private property is having the right to have complete jurisdiction over obtained goods or resources; however, private property usually refers to land owned by a single individual or to a group of individuals. Because private property is controlled by a private owner, one is able to use the product or land to its fullest value creating something of value that contributes to the growth of society. Some political views, such as Socialism and Communism, do not agree that private property has a favorable effect on individuals such as the more socialistic view, influenced by Karl Marx’s ideas that the actions of individuals are not beneficial when having private property. However, most people argue that private property creates a peaceful competition for the control of economic resources.
The distinction between an unfair prejudice petition and a statutory derivative action has always been in the nature of remedy sought by the claimant. This is arguably the point where a distinction is drawn as to whether a statutory derivative action or an unfair prejudice petition should be pursued. A d...
cannot afford an attorney, one will be provided for you. Do you understand the rights I have
Eminent domain. Most of us have heard that phrase at one time or another. It sounds fierce, intimidating, and makes most people think of an unstoppable force. The legal definition of eminent domain is “The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.” In simple terms, eminent domain is the power of the Federal, state, or local government to forcefully take any personally owned property for government use, as long as “fair value” is paid to the owner. The property rights to air, water, and land are all subject to eminent domain under the Fifth Amendment. “Private
To understand Locke’s concept of personal identity it is necessary to understand what he means by identity and what he means specifically by personal identity. Locke states there are three substances that we have ideas of and that have identities. He defines idea in Essay concerning Human Understanding as “whatsoever is the object of the understanding when a man thinks” (Essay, chapter 1, section 8). That is to say that an idea, to Locke, is the basic unit of human thought. Identity is based off of comparison of these ideas in different times and places.
justice means “ one should pay what is owed”. Not returning or refusing to return the