Chapter 33

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Unformatted text preview: taking action in the courts through an injunction to stop the other person from using the same trade mark. On a common, everyday level, the question might be asked about an engagement ring, an item of personal property that can have a high monetary value as well as emotional value, ‘Who owns the ring?’ BUSINESS ORGANISATIONS AND THE LAW PART 6 854 right, bring a real action to specifically recover the property. It was therefore called real property. Objects that were not recoverable as a right gave rise to a personal action against the wrongdoer for damages. Such items were therefore called personal property. Real property is land and anything fixed to it (fixtures). Fixtures are chattels that were once moveable but have subsequently become attached to the land in a way that makes them part of the land. It is important to determine whether or not a particular item is a fixture or a chattel because, when the land is sold or otherwise disposed of, the fixtures are transferred as part of the land. However, the parties can agree to the contrary. Australian Provincial Assurance Association Ltd v Coroneo (1938) 38 SR (NSW) 700 A building used as a theatre was sold and the vendor t...
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This document was uploaded on 04/23/2012.

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