Goulet, J Quelques variations sur le modle thermodynamique et le droit artificiel in Bourcier, D and Mackay, P (eds) Lire le droit: Langue, texte, cognition (LGDJ, 1992) p 38 which it was found. Olron, P Google Scholar. Northern Ireland Legal Quarterly metal detector in a park owned by Waverly Borough Council. Comprehensive Definition of Land and Its Components - StudyMoose Lvy-Leblond, J-M Symtrie et espace-temps in various authors La symtrie aujourd'hui (itions du Seuil, 1989) p 64 Expert Systems in Law (Oxford, 1987) p 173 Google Scholar. Google Scholar. Waverly Borough Council v Fletcher [1995] 4 All ER 756 FACTS A gold brooch is found under the ground by a man with a metal detector in a park owned by Waverly Borough Council. Google Scholar. 168 See eg If you are the original writer of this problem question and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! Introduction l'pistmologie (Presses Universitaires de France, 2nd edn, 1972) pp 78 Sincluir v Brougham [1914] AC 398 at 415. A Short History of Western Legal Theory (Oxford, 1992) pp 271277 Waverley Borough Council v Fletcher (1996) correct incorrect. Waverley BC v Fletcher - Wikipedia Knowles, D 34 Wieacker op cit pp 201204, 218, 243248, 253256. endobj The legal framework governing the discovery and extraction of mineral deposits is based on finders, keepers, in that it becomes the property of the finder, subject to state royalties. 97 See eg Noveau Code de Procdure Civile arts 3032. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Google Scholar. In other words, the covenant is such that it prevents the landlord complaining that the painting has been removed, but is insufficient to cause Jack to hold greater title to it than the landlord.7. Issue Is an object found under the ground the finder's, or the occupier's? 194 9 History of Private Law op cit pp 245, 254255, 341353Google Scholar. Tower Hamlets LBC v Bromley LBC [2015] EWHC 1954 (Ch) Facts. Waverley BC v Fletcher. Google Scholar. 132 See eg Miller v Jackson [1977] QB 966. Chapter 11 Rethinking legal reasoning: should jurists take interests more seriously? 106 See The degree and object of annexation test can give different results where the items under consideration are the same as can be seen with the treatment of cinema chairs in the following cases: Lyon . It states that the creation or transfer of a legal estate must be by deed. Chapter 6 How do legal reasoners treat facts? It may be that jurists have been wise not to insist upon the creative power of legal theory. v Boots [1953] 1 QB 401 227, Phillips v Homfray (1883) 24 Ch D 439 128, Photo Production Ltd v Securicor [1980] AC 827 151, 282, Pinchon's case (Pinchon v Legate) (1611) 77 ER 859 128, Powstaniec Wielkopolski (The) [1989] QB 279 106, R v Central Independent Television Plc [1994] 3 WLR 20 104, R v Governor of Brockhill Prison, ex p Evans (No 2) [2001] 2 AC 19 91, R v. Secretary of State for the Environment, Ex p Rose Theatre Trust Co [1990] 1 QB 504 303, R v Secretary of State for Justice [2015] 3 All ER 261 198, R v Secretary of State for Trade and Industry, Ex p Lonrho Plc [1989] 1 WLR 525 318, Radcliff v McConnell [1991] 1 WLR 670 227, Read v J Lyons & Co [1945] 1 KB 216 (CA); [1947] AC 156 92, 117, 126, 150, 191, 252, Reeves v Commissioner of Police for the Metropolis [2000] 1 AC 360 154155, Rothwell v Chemical & Insulating Co [2008] 1 AC 281 235, 279, 303, Roxborough v Rothmans of Pall Mall (Australia) Ltd (2001) 208 CLR 516 9, Ruxley Electronics Ltd v Forsyth [1996] 1 AC 344 104, 110, 165, 191, 227, 282, 310, Rylands v Fletcher (1866) LR 1 Ex 265 (Ex); (1868) LR 3 HL 330 (HL) 93, 94, 141, 150, 191, 242, 264, 283, Sanatan Dharma Maha Sabha of Trinidad and Tobago Inc v Att-Gen of Trinidad and Tobago [2009] UKPC 17 91, Schering Chemicals Ltd v Falkman Ltd [1982] 1 QB 1 319, Secretary of State for Defence v Guardian Newspapers Ltd [1985] AC 339 324, Shogun Finance Ltd v Hudson [2004] 1 AC 919 215, 237, 326, Sienkiewicz v Greif (UK) Ltd [2011] 2 AC 229 111, 156, 158, 162, 163, 173, 257, Singh v Commonwealth of Australia [2005] 3 LRC 290 94, Spain (Kingdom of) v Christie, Mason & Woods Ltd [1986] 1 WLR 1120 111, Spartan Steel & Alloys Ltd v Martin & Co [1973] 1 QB 27 81, 187, Spring v Guardian Assurance Plc [1995] 2 AC 296 128, 130131, 132, Target Holdings Ltd v Redferns [1996] AC 421 233, Taylor v Manchester, Sheffield & Lincolnshire Railway Co [1895] 1 QB 134 123, Tesco Supermarkets Ltd v Nattrass [1972] AC 153 229, 231, Thorne v Motor Trade Association [1937] AC 797 318, 319, 325, Tomlinson v Congleton BC [2004] 1 AC 46 191, Topp v London Country Bus (South West) Ltd [1993] 1 WLR 976 227, Transco plc v Stockport MBC [2004] 2 AC 1 81, 141, 283, Transfield Shipping INC v Mercator Shipping INC [2009] 1 AC 61 139, 227, United Australia Ltd v Barclays Bank Ltd [1941] AC 1 250, Van Colle v Chief Constable of the Hertfordshire Police [2009] 1 AC 225 140, 187, 243, Ward v Tesco Stores Ltd [1976] 1 WLR 810 227, Wheeler v Leicester CC [1985] AC 1054 310, White v Chief Constable of South Yorkshire Police [1999] 2 AC 455 194, White & Carter (Councils) Ltd v McGregor [1962] AC 413 309, Wong Mee Wan v Kwan Kin Travel Services Ltd [1996] 1 WLR 38 227, Wooldridge v Sumner [1963] 2 QB 43 166, 179, Woodland v Essex County Council see Woodland v Swimming Teachers Association, Woodland v Swimming Teachers Association [2013] 3 WLR 853; [2014] AC 537 194, 217, 227, Young v Sun Alliance and London Insurance Ltd [1977] 1 WLR 104 246247, X (a minor) (in re) [1975] 1 All ER 697 109, X Ltd v Morgan-Grampian (Publishers) Ltd [1991] 1 AC 1 319, 324, Table of common law cases and practice directions, Copy this link, or click below to email it to a friend. Actes juridiques, droits subjectifs (Litec, 1992) p 177 Google Scholar; See also Stein, P The Development of the Institutional System in Stein, P G and Lewis, A D E (eds) Studies in Justinian's Institutes in memory of JAC Thomas (London: Sweet & Maxwell, 1983) pp 151163 the finding. A right to a scenic view is not capable of being an easement. 115 43 For a stimulating historical reflection on this distinction see Google Scholar. The Law of Contract (London: Sweet & Maxwell, 9th edn, 1995) pp 70, 202Google Scholar. What is real property? Samuel, G and Rinkes, J Unless they are items of treasure trove under the Treasure Act 1996 . Google Scholar. The starting point for this consideration is that, in ordinary circumstances, nobody has a stronger interest in property than the true owner of it.8 The true owner in this context would be Hanksy and therefore, on this basis, when the painting was painted on the property the owner of the property took possession of it and became what is known as a bailee.9 As such, the landlord had a duty to retain and take reasonable care of the painting until such time as the real owner can be found or makes a claim for the property.10 The issue in this context is whether Hanksy is the real owner of the painting. 64 Google Scholar. Ltd (No 3) [2008] 1 AC 1 318, 319, Drake v Thos Agnew & Sons Ltd [2002] EWHC 294 199, Duport Steels Ltd v Sirs [1980] 1 WLR 142 319, Dutton v Bognor Regis UDC [1972] 1 QB 372 109, Edgington v Fitzmaurice (1884) 29 Ch D 459 215, Esso Petroleum Ltd v Commissioners of Custom and Excise [1976] 1 WLR 1 253255, Esso Petroleum Ltd v Southport Corporation [1953] 3 WLR 773 (QBD); [1954] 2 QB 182 (CA); [1956] AC 218 (HL) 112, 149, 231, 268269, Fairchild v Glenhaven Funeral Services Ltd [2003] 1 AC 32 157, 158, 173, 184, 304, Four Seasons Holdings Inc v Brownlie [2017] UKSC 80 221, Genossenschaftsbank v Burnhope [1995] 1 WLR 1580 255, Grant v Australian Knitting Mills Ltd [1936] AC 85 238, Gulf Oil (GB) Ltd v Page [1987] Ch 327 311, Hall (Arthur JS) & Co v Simons (a firm) [2002] 1 AC 615 318, Hannah Blumenthal (the) see Paal Wilson & Co A/S v Partenreederei Hannah Blumenthal, Hedley Byrne & Co v Heller & Partners Ltd [1964] AC 465 129, 130, HH v Deputy Prosecutor of the Italian Republic [2012] UKSC 25; [2012] 4 All ER 539 108, Hickman v Peacey [1944] Ch 138; [1945] AC 304 164, 244, Hill v Chief Constable of West Yorkshire [1989] AC 53 187, Hollywood Silver Fox Farm v Emmett [1936] 2 KB 468 101, 310, Home Office v Dorset Yacht Co [1970] AC 1004 93, 227, 241242, Hunter v Canary Wharf Ltd [1997] AC 655 280, Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 WLR 896 247, IRC v National Federation of Self-Employed and Small Businesses Ltd [1982] AC 617 303, Jackson v Horizon Holidays Ltd [1975] 1 WLR 1468 108, 128, 315, Jolley v Sutton LBC [2000] 1 WLR 1082 227, Keppel Bus Co v Sa'ad bin Ahmad [1974] 2 All ER 700 227, Kitchen v Royal Air Force Association [1958] 1 WLR 563 192193, L (A Child) (in re) [2001] 2 WLR 339 322, 325, Les Laboratoires Servier v Apotex Inc [2014] UKSC 55; [2014] 3 WLR 1257 293, Lion Laboratories Ltd v Evans [1984] 2 All ER 417 319, Lockett v A & M Charles Ltd [1938] 4 All ER 170 245, Lupton v FA & AB Ltd [1972] AC 634 93, 94, 144, 240, 242, 266, Macaura v Northern Assurance Co [1925] AC 619 321, Manchester Airport Plc v Dutton [2000] 1 QB 133 227, Marc Rich & Co v Bishop Rock Marine Co Ltd [1996] 1 AC 211 227, McGhee v National Coal Board [1973] 1 WLR 1 155, McKew v Holland & Hannen & Cubitts [1969] 3 All ER 1621 152, Mercedes Benz AG v Leiduck [1996] 1 AC 284 113, Metcalfe v Britannia Ironworks Co (1876) 1 QBD 613 142, Miller v Jackson [1977] QB 966 165, 191, 207208, 273277, 325, 326, Milton Keynes BC v Nulty [2013] 1 WLR 1183 161162, 245, M'Lean v Clydesdale Banking Co (1883) 9 App Cas 95 142, Mogul SS Co v McGregor, Gow & Co [1892] AC 25 102, Mohamud v Morrisson Supermarkets plc [2016] UKSC 11 227, Moorgate Mercantile Ltd v Twitchings [1977] AC 890 234, 326, National Telephone Co v Baker [1893] 2 Ch 186 264, Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 74, 324, Paal Wilson & Co A/S v Partenreederei Hannah Blumenthal [1983] 1 AC 854; [1982] 3 WLR 49 (CA) 237, Palmer v Wick & Pulteneytown SS Co [1894] AC 318 138, Parker v British Airways Board [1982] QB 1004 227, 299, ParkingEye Ltd v Beavis [2015] UKSC 67; [2016] AC 1172 292, 315317, 323, 325, Pharmaceutical Society of G.B. FACTS: A brooch was found buried in the ground of a public park owned by the council by a member of the public, using a metal detector. Has data issue: false Google Scholar. 207 For a recent example where property notions (possession and ownership) are dependent upon the obligations notion of trespass see Waverley BC v Fletcher [1996] QB 334. It does not seem however that it would then allow him to sell the painting. Whereas with regards to items found on the surface of the land, which are not treasure trove and the owner can not be found, the finder has a . Botham v TSB Bank (1996) 7 P & C R D 1 Case summary . Witz, C Chapter 1 What was the contribution of the medieval civilians? Concerned whether an article attached or in land is entitled to the finder or owner of the land AND whether the fact it was in a public space affects the outcome of who it is entitled to. Where treasure is found unconcealed, title vests in a finder, in the absence of the owner. Hofstadter, D R Google Scholar. 21 Using case law and the lease explain if Tom could be the owner of the painting and or, the spoon? A mortgagee must appoint a solicitor to act as a receiver. The repairing covenant within Jacks lease creates a very interesting situation in this circumstance. Objects under the ground belong to the Occupier Google Scholar. 11 Despite the fact that all of this is based on the notion that Jacks landlord has stronger title to the painting than Jack, the issue of whether this title is the strongest has not been addressed. 52 Parker v British Airways Board [1982] 1 AII ER 834; Chairman NCA v Flack (1998) 86 FCR 16; (1998) 156 ALR 501; Wiley v Synan (1937) 57 CLR 200; Waverley Borough Council v Caparo Industries v Dickman [1990] 2 AC 605. At common law, ownership of treasure vests in the Crown by Royal prerogative, Classification of obligations and the impact of constructivist https://doi.org/10.1111/j.1748-121X.1997.tb00416.x, Get access to the full version of this content by using one of the access options below. 65 M.F.M. This in turn makes assumptions about the nature of fact in relation to rule systems. for this article. Elwes v Brigg Gas Company (1886) 33 Ch D 562, KH Enterprise v Pioneer Container, The Pioneer Container 1994 2 AC 324, Morris v CW Martin & Sons Ltd 1966 1 QB 716, Parker v British Airways Board 1982 QB 1004, South Staffordshire Water Co v Sharman 1896 2 QB 44, Department for Culture, Media and Sport Treasure Act 1996: Code of Practice (2nd Revision), Other sources considered but not cited directly, Dixon, M Modern Land Law (7th edn Routledge 2010), Harpum, C, Bridge, S & Dixon, M Megarry & Wade The Law of Real Property (8th edn Sweet & Maxwell 2012), McFarlane B, Hopkins, N Nield, S Land Law Text, Cases, and Materials (2nd edn Oxford University Press 2009), Smith, R Property Law: Cases and Materials (5th edn Longman 2012), 1 Cujus est solum, ejus est usque ad coelum et ad inferos (see Mitchell v Moseley 1914 1 Ch 438), 4 South Staffordshire Water Co v Sharman 1896 2 QB 44, 5 Elwes v Brigg Gas Company (1886) 33 Ch D 562, 7 See Parker v British Airways Board 1982 QB 1004, 9 KH Enterprise v Pioneer Container, The Pioneer Container 1994 2 AC 324, 10 Morris v CW Martin & Sons Ltd 1966 1 QB 716, 13 Copyright, Designs and Patents Act 1988, s 94, 14 This is on the basis that the fictional Hanksy is based on the real Banksy, 24 Department for Culture, Media and Sport Treasure Act 1996: Code of Practice (2nd Revision), paragraph 82. Google Scholar. hasContentIssue false, Copyright Society of Legal Scholars 1997. 1 0 obj To make such a suggestion would suggest that he was prevented from disposing of it by throwing it away without the landlords permission. Law, and the Growth of Constitutional Thought, Introduction historique au droit des biens, The Reception of Canon Law and Civil Law in the Common Law Courts Before 1600, Kleinwort Benson Ltd v Birmingham City Council, International Encyclopedia of comparative Law, Three Patterns of Law: Taxonomy and Change in the World's Legal Systems, Le mythe de la responsabilit contractuelle en droit franis, Medieval Thought: From St Augustine to Ockham, Gdel, Escher, Bach: An Eternal Golden Braid, Legal Classifications as the Production of Knowledge Systems, Droit priv allemand: 1. 12 AL Hamblin Equipment Pty Ltd v Commissioner of Taxation (1974) 131 CLR 570; Munday v ACT (1998) 99 LGERA 312; [1998] ACTSC 62: scavengers as finders re items at rubbish Note also Jones's comment: classification itself plays an important part in the growth of the law. Google Scholar. 49 2. It seems clear that Tom will not be the owner of either the painting or the spoon. Incorporeal Hereditaments What are corporeal hereditaments? Council sued him for the brooch . 42 The power to appoint a receiver arises and becomes exercisable in accordance with ss101 and 103 LPA 1925 respectively. 124 Legislation, in using the terms contract, tort and, more recently, unjust enrichment, does go some way in embedding the categories; but the Gaian scheme itself has never been imposed, as a whole, by the legislature. x\[F~7GqW_vs^A3H'yhGvHrn&ye,wu]6fb X,*)"SY'y? O e&B The term institution is used here in the modem civilian sense of a focal point around which rules are grouped: Bergel op cit p 178. Weir, T The Common Law System in International Encyclopedia of Comparative Law, vol II, ch 2, pt III, para 82 351; Goodwin v Ron Health Tyre Service (SA) Pty Ltd (1999) 74 SASR 508 (bailees rights against tortfeasor); Greenwood v Municipal Council of Waverley [1928] 28 SR (NSW) 219 Treitel, G H Chapter 7 Is legal reasoning like medical reasoning? It can differ if the object is found in or attached to the land as demonstrated in this cas. 44 was set up to determine if the item was treasure trove. See also an important recent paper by Professor Peter Birks QC Equity in the Modern Law: An Exercise in Taxonomy (1996) 26(1) University of Western Australia Law Review 1. 5 See eg 190 Close this message to accept cookies or find out how to manage your cookie settings. Corporeal Hereditaments 2. 183 756 The recent decision of the Court of Appeal in Waverley Borough Council v. Fletcher clarifies the law relating to those who use metal detectors to find abandoned chattels upon or buried in the land of another, but does so by drawing a fine distinction which may prove difficult to apply in practice. Lawson, F H and Rudden, B If the finder is trespassing then objects found belong to the landowner (Waverley Borough Council v Fletcher (1996)). Contractual licences can bind third parties but do not have proprietary status. Logique juridique: Nouvelle rhorique (Dalloz, 2nd edn, 1979)Google Scholar; Bergel op cit pp 261286; "coreDisableEcommerce": false, Google Scholar; Google Scholar. Waverly Borough Council v Fletcher - e-lawresources.co.uk An appointed receiver is deemed to be the agent of the mortgagee who appoints him. A further analogy could be drawn with the law on theft, where property does not belong to another if it has been abandoned.12 Indeed, even if Hanksy attempts to assert that the painting has not been abandoned, it is difficult to see the nature of any right he could assert over it. The result of this is that the strongest title to the painting lies with Jacks landlord and Tom cannot sell the painting without the landlords permission. L'intelligence du social (Presses Universitaires de France, 1990) pp 4385 The Common Law and English Jurisprudence (Oxford, 1991) pp 288289 About: Waverley BC v Fletcher - DBpedia Association Kuhn, T S see also: Elwes v Briggs Gas Co. Treasure Act 1996. 16 Waverley BC v Fletcher 1996 QB 334. 167 Samuel Foundations op cit pp 235237. 114 Baker op cit pp 379400. Jolowicz, J A (ed) The Division and Classification of the Law (London: Butterworth, 1970)Google Scholar. Federated Homes Ltd v Mill Lodge Properties Ltd (1980, P&A Swift Investments v Combined English Stores Group plc (1989. Where an item is found 'in' the land then the landowner has a better claim than the finder. Bryunt v Herbert (1877) 3 CPD 389 at 390. Google Scholar. Chapter 2 What was the contribution of the Roman lawyers? cit., at . <> He reported his findings and a coroners inquiry Chapter 4 What is the institutional legacy? the surface. Nevertheless the seminar was a valuable opportunity to reflect upon a subject that is at least a useful vehicle for thinking about legal knowledge. La didactique des sciences (Presses Universitaires de France, 4th edn, 1996) p 25 Failing this, and subject to the true owners' title being abandoned or otherwise extinguished at Published: 18th Jun 2019. The first of these arises where an item is only lightly covered by the soil. Elitestone v Morris [1997] 1 WLR 687 (HL) Judgement. Five Property Law Cases You Should Know About - The Lawyer Portal PDF Waverly Borough Council v Fletcher [1995] 4 All ER 756 Concepts of Property Flashcards | Quizlet 4 209 See % 228; Churchward v Studdy (1811) 14 East 249; 104 ER 596. Waverley BC v Fletcher [1996] QB 334 (CA) Judgement. Google Scholar. See also Samuel and Rinkes op cit pp 2426. 69 Stein Development of the Institutional System op cit pp 157158. 81 A gold brooch is found under the ground by a man with a ; Jager R. de; Koops Th. Caenegem, RC van History of European Civil Procedure in International Encyclopedia of Comparative Law, vol XVI, ch 2, para 22Google Scholar. reflected in the statutory offence, see the Crimes Act 1914 (Cth); Criminal Code Act 1995 (Cth); Crimes Act 1958 (Vic) s73(1)(c). pistmologie (Presses Universitaires de france, 3rd edn, 1983) p 29 A bilateral contract can be defined Law Has Addressed the Problems Facing Victims of Rape. "corePageComponentUseShareaholicInsteadOfAddThis": true, Waverley Borough Council v Fletcher (1996) correct incorrect. Land Law Concentrate 7e Student Resources - Learning Link Google Scholar. report finds or risk penalty and is financially rewarded. Google Scholar. Case: Waverley Borough Council v Fletcher [1996] QB 334 - Law Journals Law as an Autopoietic System (Oxford: Blackwell, 1993) pp 6163 ; Philippens H.M.M.G. 139 Tony Weir points out that over 90% of contractual actions are claims in debt: T Weir, Droit des contrats, in J A Jolowicz (ed) Droit anglais (Dalloz, 2nd edn, 1992) p 140. And see also Kelley op cit. 20 Ibid. Barker's, Ernest Google Scholar; Treasure Trove is an exception to the general rule that landowners acquire items found on land. It also seems likely that the spoon will theoretically be Jacks landlords property, but here its status as treasure may mean that Tom could be entitled to a share of any reward that is paid in respect of its discovery. Chapter 3 What was the contribution of the later civilians and the common lawyers? Gdel, Escher, Bach: An Eternal Golden Braid (Penguin, pp 161162. Land law Case Summaries - Bernstein of Leigh (Baron) v - Studocu 6 H Dreyfus What Computers Still Can't Do (MIT, 1992). In order to consider this, the true nature of the painting must be considered. Although the issues that arise in respect of the painting and the spoon require different explanations, they are all related to the notion of ownership of items that are found. 88 J Penner Basic Obligations (SPTL Seminar Paper, 1996) p 10. 134 Samuel and Rinkes op cit pp 277293. Google Scholar. 154 This point is now recognised by some senior judges who advocate the use of policy to fill the gap between two logically defensible solutions: see eg Steyn LJ in Watts v Aldington (1993) Times, 16 December, quoted by Auld LJ in Jameson v CEGB [1997] 3 WLR 151 at 161162. Exploration is encouraged by the absence of mineral rights vesting in the surface owner, whereby landowners would become beneficiaries, having contributed nothing in search Dubouchet, P It belongs to the land Waverley Borough v Fletcher [1995] 4 All ER - Student Law Notes "corePageComponentGetUserInfoFromSharedSession": true, Samuel, G Science, Law and History: Historical Jurisprudence and Modern Legal Theory (1990) 41 PDF Contents Holland v Hodgson (1872) correct incorrect. White v Chief Constable of South Yorkshire Police [1999] 2 AC 455 194. Free resources to assist you with your legal studies! A right need not have already acquired judicial recognition as an easement to become one. Lapoyade Deschamps, C Le mythe de la responsabilit contractuelle en droit franis in Rose, F (ed) Failure of Contracts (Hart Publishing, 1997) pp 175194 It states those estates in land that have legal capacity. The brooch belonged to the Council as owners of the land in In December 1996 Classification of Obligations formed the topic of one of a series of SPTL seminars under the general title of Pressing Problems in the Law. } "useRatesEcommerce": true And see Birks op cit. Waverley BC v Fletcher - Wikiwand About Quizlet; How Quizlet works; Rights above and below surface of land - e-lawresources.co.uk was applied in Waverley Borough Council v Fletcher [1996] QB 334; Tamworth Industries Ltd v A-G [1991] 3 NZLR 616. been challenged on grounds the true owner has not consented to the finder taking possession. Bouchon-Meunier, B and Nguyen, HT 163 Watson Making of the Civil Law op cit pp 1422. 179 Ibid pp 39, 104122; Bechtel and Abrahamsen op cit p 235. Where however they are recently lost, the title in the finder is only a notional one because the true owner will recover the lost item. 176 Penner op cit p 3. 212 Chapter 9 Is legal reasoning based on fictions? Winfield, P H Legrand, P How to Compare Now (1996) 16 116 The Roman law influence of non-contractual actions based on wrongs came largely through Blackstone: Introduction historique au droit des biens (Presses Universitaires de France, 1989) pp 1736 Waverley Borough Council v Fletcher - Personal Property - StuDocu 1974 (Qld): the original owners claim runs out after 6 years; Limitations Act 2005 (WA); Limitation of Actions Act 1936 (SA). 142 than all others, save for the true owner. Hostname: page-component-68c7558d77-2f2qg Wheeler v Leicester CC [1985] AC 1054 310. The Coroner decided that it was not treasure trove. 54 On which see generally Jones Historical Introduction to the Theory of Law op cit. 173 Van de Kerchove and Ost Legal System Between Order and Disorder op cit pp 6572. Wieacker, A 155 205 On which see eg Beswick v Beswick [1966] Ch 538; cf [1968] AC 58; Lipkin Gorman v Karpnale Ltd [1991] 2 AC 548. Astolfi, J-P and Develay, M Google Scholar. Le Moigne, J-L 153 See eg Fisher v Bell [1961] 1 QB 394. Waverley BC v Fletcher [1996] QB 334 I - d found a medieval gold brooch in a public park using a metal detector. _o*'OG4j4J%&:4/I]erU+\q9*c^eJO[)ZF/LRg1opw58)U@q"Mzfo_y^@UL'\o`. The result of this being that Jack could be considered to have no choice but to take steps to have the painting removed and, in doing so, repair the property. occupiers? The final point is clearly outside the scope of any discussion here and in any event is unlikely to be a relevant consideration. 219 Tierney, B The issue was then who could claim the brooch - the claimant or the defendants. 1 197 See eg Lord Simonds in Read v J Lyons & Co [1947] AC 156 at 182. National Provincial Bank Ltd v Ainsworth (1965. 30 Waverley Borough Council v Fletcher [1996] QB 334 (Chapter 2, paragraph 2).
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