LA3011: Commercial and Personal Property Law

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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

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Writing requirements for an assignment under the PLA

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

Seller can keep reasonable deposit and profit on resale

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

Perishing (dates immersed in sewage)

Test of essentiality - fixture or chattel

Price abatement test

Objective test: inconsistent with the truth (s 18)

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

Implied warranty of quiet possession after purchase

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

Test of essentiality - skill or materials

An injunction for specific performance > damages for installation of fixture

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

Ratio of breach in divisible contract

Personal right to set aside contract for misrepresentation

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

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

Degree of fixation test for fixtures/chattels

Parol evidence rule

Acceptance of anticipatory breach raises duty to mitigate

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

Good faith deposit is forfeited if delivery is refused

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

Improper packaging is breach of condition and entitles buyer to reject

Breach of s 18 ACL for extended warranty

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

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

Perishing (partial loss through theft)

Breaching party is liable for foreseeable losses

Keeping goods for more than a reasonable time will imply acceptance

Dispute resolution clause provides sufficient certainty

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

Strict liability for seller's breach of s 18 ACL

Reliance on description of unseen specific goods

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

Goods can describe themselves - car badge

A condition, once waived, can be revived by notice

Floor plan arrangement for cars

Undercooked pork chop

Toxic mink food

Objective authority for 17(d) inspection proviso

Exception to nemo dat: retrospective feeding of title

Pawn shop received title by way of s 21 rule 4

Exclusion clause must be wide enough to cover breach

Dimensions are included in description

Implied reliance is sufficient

Apparent authority to receive goods at correct address

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

Skin condition not disclosed at purchase led to failure of suit

Estopped from arguing nemo dat because of fraudulent representation

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 goods custom or tailor-made

Test of essentiality - medical services

Subjective authority for 17(d) inspection proviso