Elements

Question 1

Testamentary promises act requirements:

Answer 1

1. Work or services performed
2. Promise to make testamentary provision
3. Causal nexus between promise and services
4. Promise not fulfilled

Question 2

Trespass to land elements:

Answer 2

Matchitt v Whangara
1. Trespasser’unjustified direct interferance with land
- voluntary
2. Plaintiff in actual possession of land

Question 3

Fixtures elements:

Answer 3

Holland v Hodgson
1. Degree of annexation
2. Purpose of annexation (objective)

Question 3

Approach to sale of land:

Answer 3

1. Is there a valid contract
   - s 24 + PLA
2. If ALDS contract:
   - Risk lies with V in the in between period
3. Otherwise default rules apply:
   risk passes with equitable title.
   - unconditional = risk with P
   - Conditional = depends on nature of conditions
4. In either scenario:
   - Can P claim V’s incurance, s 13 ILRA
   - Could either sue in trespass

Question 3

Elements of lease:

Answer 3

Fatac v Commissioner of IR
1. Grants exclusive possession
2. Definite term

Question 4

Easement identifying features:

Answer 4

Street v Fountaine
1. Subjectively intended to create easement
2. Objectively have characteristics of easement

Question 5

Easement elements:

Answer 5

Re Ellenborough Park
1. a dominant and servient tenement
2. right confering benefit on dominant
3. owners must be different
4. Capable of forming subject matter of a grant (cannot be too big)

Question 6

Proprietary Estopple elements:

Answer 6

Thorner v Major
1. Representation / assurance to claimant
2. A reliance on this
3. Detrement as result of reliance

Question 7

LTA fraud elements:

Answer 7

s 52 LTA
1. forgery or dishonest conduct by RO against unregistered interest
2. Actual knowledge or wilful blindness
3. Intended to defeat the unregistered interest

Question 8

In personam elements:

Answer 8

Dollars & Sense
1. Must not be inconsistent with torrens system objectives
2. Unconscionable conduct by current RO
3. Recognised course of action

Question 9

Trespass to goods elements:

Answer 9

1. P in possession
2. Intentional act by D
3. Act amounted to unlawful interferance
   Remedies:
   - injunction
   - compensation for loss

Question 10

Conversion of goods elements:

Answer 10

1. P has RTIP
2. Dealing or using chattel
3. Intentional
4. Inconsistent with Ps rights

Remedies:
- fictional sale

Question 11

Detinue elements:

Answer 11

1. P has RTIP
2. Demanded return
3. Return refused
4. Refusal unlawful
   Remedies:
   - Get it back
   - Value at time of judgement

Question 12

Breach of bailment elements:

Answer 12

Conway
Bailor:
- Existence of relationship
- Loss or damage
Bailee:
- No fault
- No causation
Remedies:
- Compensation

Question 13

Damage to reversionary interest elements:

Answer 13

1. Damage to goods
2. Damage will last beyond bailment
3. Damage is to reversionary interest
   - owner will get it back one day
4. Damage would be otherwise claimable if they had title

Question 14

Gift elements:

Answer 14

Williams v Williams
1. Intention to make a gift
2. Acceptance
3. Delivery - constructive or actual

Question 15

Valid transfer of property requirements

Answer 15

1. Goods ascertained - s 143
   - specific
2. Property passes when intended - s 144

Question 16

What are the default rules?

Answer 16

Rule 1:
- Specified and in deliverable state
- Passes when unconditional contract made
Rule 2:
- Specific goods requiring something done
- Thing must be done and notice given
Rule 3:
- Need to ascertain price
- Price ascertained and notice given
Rule 4:
- Goods subject to buyers approval on delivery
- Acceptance + retains goods
Rule 5:
- Unascertaned / future goods
- Appropriated

Question 17

Mercantile agent elements:

Answer 17

s 297
1. Mercantile agent
2. In possession with owner’s consent
3. Sale to another
4. Sale in ordinary course of business
5. Buyer in good faith without notice

Question 18

Express trust elements:

Answer 18

s 15 Trusts Act
1. Certain intention
2. Certain subject-matter
3. Certain pbjects

Question 19

Constructive trust elements:

Answer 19

Lankow v Rose
1. Contributions to owner’s property
2. Expectation to receive interest
3. Reasonable
4. Owner should reasonably expect this

Question 20

Dishonest assistance elements:

Answer 20

Westpac v MAP
1. Breach of trust
2. Assisted
3. Dishonestly

Question 21

Knowing receipt elements:

Answer 21

1. Breach of trust
2. Received trust property
3. Knowledge

Question 22

PPSA

Answer 22

1. Is there a security interest - s 17
   - Lease for more than a year - portacom
2. Attachment
   - S 40
   
   • Value given
   • Debtor has rights in the collateral
     
     • S 44 - consumer goods
   • Require specific appropriation
3. Perfection
   - Financing statement
   - S 142 - general requirements
   - Reg 16 - serial number goods
   - Ss 149 - 151 Invalid if seriously misleading error
4. Exceptions to perfection
   - S 54
   
   • Low value consumer goods
     
     • S 45
   • Expressly or impliedly authorised
     
     • S 53
   • Sales in ordinary course of business
     
     • S 55
   • Incorrectly described serial number goods
5. Extension of SI to other goods - s 45(1)(b)
   - Tracing
   - Proceeds
   - Bank accounts