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7 Cards in this Set
- Front
- Back
Pierson v Post (1805)
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Maj: Wild animal isn't possessed until it's taken.
Diss: Policy reasons, need to encourage pest eradication. |
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Armory v Delamirie (1722)
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The finder has a right superior to all but the true owner of the object.
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Hibbert v McKiernan (1948)
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AvD exception: When the occupier exercises sufficient control demonstrating both an intent to control for possession and an intention to exclude others, the occupier may have a right superior to the finder.
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Bridges v Hawkesworth (1857)
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Unless the chattel is attached to the land or building, the mere fact that the chattel is found in D’s shop doesn’t give him a right superior to the finder. (This assumes that he doesn’t know of the thing’s existence and that he doesn’t exercise sufficient control.)
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Elwes v Brigg Gas Company (1866)
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The occupier always has a right superior to the finder when the found object is attached to, or underneath, the land, regardless of the former's knowledge [or exercise of control].
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South Staffordshire Water Company v Sharman (1896)
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If a person has possession of a house or land with a manifest intention to exercise control over it and the objects which may be upon or in it, then there is a presumption that things found there are in the possession of the owner
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City of London Corporation v Appleyard (1963)
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Control what's attached to realty.
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