LA3011: Commercial and Personal Property Law


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  Tempo Rimasto


Case and Content

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E v Australian Red Cross

Gross v Hillman

Glegg v Bromley

Norman v FCT

Mills v Stokman

Varley v Whipp

Re Wait

Brooks v Robinson

Robinson v Graves

Aristoc Industries v RA Wenham (Builders)

Australian Provident Assurance v Coroneo

Asfar v Blundell

Barrow Lane Ballard v Phillips

Commission Car Sales (Hastings) v Saul

Foley v Classique Coaches

Charles Rickards v Oppenhaim

Rowland v Divall

Butterworth v Kingsway Motors

Patten v Thomas Motors

Microbeads v Vinhurst

Niblett v Confectioner's Materials

Grant v Australian Knitting Mills

Arcos v Ronaasen

Re Moore & Co

Beale v Taylor

David Jones v Willis

Gedling v Marsh

Priest v Last

Griffiths v Peter Conway

Cammell Laird v Manganese Bronze and Brass

Ashington Piggeries

Baldry v Marshall

Beecham v Francis Howard

Brown v Craiks

Kendall v Willico

Rasell v Cavalier Marketing

Thornett and Fehr v Beers and Sons

Frank v Grosvenor

Heil v Hedges

Thorne v Thomas Borthwick

Henjo Investments v Collins Marrickville

ACCC v Fisher and Paykel

Annand and Thompson v TPC

Ward v Bignell

Underwood v Burgh Castle Brick and Cement

Turley v Bates

Kirkham v Attenborough

Poole v Smith's Car Sales

Carlos Federspiel v Charles Twigg

Eastern Distributors v Goldring

Motor Auctions v Motor Credit

Galbraith and Grant v Block

Maple Flock

Hadley v Baxendale

Charter v Sullivan

Re Vic Mill

Roth v Taysen

Clicca e trascina

Test of essentiality - fixture or chattel

Skin condition not disclosed at purchase led to failure of suit

Personal right to set aside contract for misrepresentation

Title will pass when goods are irrevocably attached, not when payment is made

Breach of s 15(a) if seller had title, but not right to sell in that form

Contract voided by breach of s 15(a) - three parties

Cloth still of merchantable quality if can be sold at lower price

Goods can describe themselves - car badge

Improper packaging is breach of condition and entitles buyer to reject

17(a) fitness for purpose may succeed where 17(c) merchantable quality fails

Objective test: inconsistent with the truth (s 18)

Singular purpose in line with buyer's purpose - hot water bottle

Ratio of breach in divisible contract

Perishing (dates immersed in sewage)

Pawn shop received title by way of s 21 rule 4

Title need not pass for protection under s 17(a)

Apparent authority to receive goods at correct address

Seller can keep reasonable deposit and profit on resale

Price abatement test

Seller holds title until goods put into deliverable state (s 21 rule 2)

A condition, once waived, can be revived by notice

Acceptance of anticipatory breach raises duty to mitigate

Implied warranty of quiet possession after purchase

Test of essentiality - skill or materials

No available market where goods custom or tailor-made

No breach of s 17(c) if goods still commercially saleable

Exception to nemo dat: retrospective feeding of title

Toxic mink food

Parol evidence rule

Estopped from arguing nemo dat because of fraudulent representation

Bare right to litigate is not assignable, but fruits of the verdict are

Perishing (partial loss through theft)

Test of essentiality - medical services

Goods must be fit for all normal purposes for which they may be used (s 54(2) ACL)

Goods must be irrevocably attached to the contract to be 'unconditionally appropriated'

Wood still saleable but at lower price

Rule 3 of s 21 only applies where seller has to measure/weigh goods

No available market where price set by manufacturer rather than market forces

Breaching party is liable for foreseeable losses

Objective authority for 17(d) inspection proviso

Good faith deposit is forfeited if delivery is refused

An injunction for specific performance > damages for installation of fixture

Undercooked pork chop

Exclusion clause must be wide enough to cover breach

Title can never be accepted where goods are stolen (nemo dat)

Implied reliance is sufficient

Strict liability for seller's breach of s 18 ACL

Floor plan arrangement for cars

Dimensions are included in description

Dispute resolution clause provides sufficient certainty

Degree of fixation test for fixtures/chattels

Subjective authority for 17(d) inspection proviso

Reliance on description of unseen specific goods

Breach of s 18 ACL for extended warranty

Writing requirements for an assignment under the PLA

Keeping goods for more than a reasonable time will imply acceptance