Cases for discussion week 6(1).doc

Cases for discussion week 6(1).doc - Holland v Hodgson(1872...

Info icon This preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Holland v Hodgson (1872) Facts: The owner of a mill purchased some looms ( making fabric by weaving yarn or thread) for use in his mill. They were attached to the stone floor by nails driven into wooden beams. They could quite easily be removed. The owner then mortgaged the mill and failed to keep up the payments and the mill was repossessed. The question for the court was whether the looms were fixtures forming part of the land or whether they remained chattels. Court Held: The looms had become fixtures and thus formed part of the land mortgaged. Blackburn J introduced the degree and object of annexation test: “ an article which is affixed to the land even slightly is to be considered as part of the land, unless the circumstances are such as to shew that it was intended to all along continue a chattel, the onus lying on those who contend that it is a chattel.” Under this test, the question to be asked is whether the chattel was attached to the land to enable the object to be better enjoyed as a chattel, or for the more convenient use of the land.
Image of page 1
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern