How Did Wendy Affect The Ability To Claim The Eggs As Personal Property?

1758 Words4 Pages

In order to determine who can potentially claim the eggs and propose damages, the following issues must be addressed: 1. Brendy and Wendy: How does the legal relationship between Brenda and Wendy affect their ability to claim the eggs as personal property? a) Gift: Did Brenda intend to give Wendy full beneficial interest in the eggs, constituting a gift? b) Trust: Did Brenda intend to retain interest through a resulting trust? 2. Wendy and Deb: What interest, if any, did Wendy confer on Deb when she gave her the eggs? Gift or Conversion: In giving the eggs to Deb, did Wendy give a gift or is she liable for conversion? 3. Ruth’s Claim as Finder: whether Ruth’s actions fulfill the requirements to constitute a finding, entitling her to the eggs. …show more content…

In the absence of clear indica of a gift, it will be difficult for Wendy to claim full beneficial ownership. Hoiland v. Brown 1980 B.C.L.R. clarifies that there is a “heavy onus upon a claimant” of a gift “without consideration” at Canadian common law. If the eggs were a gift, it appears they were given without consideration as there is no evidence in the facts that clearly indicated a gift. In the absence of consideration, the eggs may still constitute a valid gift if Wendy is able to prove that Brenda’s intention included the full transfer of interest and title to …show more content…

Monetary value is however indicative of property as evidenced by Yanner v. Eaton’s example of debt as property. The initial issues in Hoiland v. Brown similarly regard the deliberation of whether a chattel “left in the possession” of another for their “use” constituted a gift or a resulting trust. While the chattel in Hoiland was found to constitute a gift, it can be distinguished from the facts at hand because the claimant satisfied the onus to prove that “there was indicia of a gift.” A contributing factor to this finding was that the chattel had never been in possession of the purchaser. In contract to the fact of this case, Brenda did have possession of the eggs both before and after the purchase. They were put in her cart, paid for and subsequently retained by Brenda. It is only after the eggs were put in Brenda’s car and driven to Wendy’s apartment that the eggs were relinquished from Brenda’s possession into the care of Wendy. When the eggs Brenda purchased were left in the possession of Wendy Brenda gave the impression that they were for her use but, as indicated above, never indicated the intent to transfer full title and beneficial interest to Wendy. Supported by persuasive case law found in Yanner, it seems Brenda’s actions imply that she intends to hold beneficial interest proportionate to her

More about How Did Wendy Affect The Ability To Claim The Eggs As Personal Property?

Open Document