Law Essay

2612 WordsMar 13, 200911 Pages
INTRODUCTION A number of contending claims exist in relation to the Moreton Bay (hereafter ‘the painting’). Such claims stand to be most effectively analysed when they are evaluated via an application of contextually relevant principles extant under the law of property. Ultimately it appears that Dr. St John (hereafter ‘John’) shall most probably be found to be the true and rightful owner of the painting. Seemingly this is reinforced throughout the scenario as a result of the nature of the original transfer between Percy and John. Nevertheless, the issue at hand is the determination of whether John has a claim in law to retrieve the painting after being sold by the art gallery (hereafter ‘the gallery’). It must be established that the gallery was merely granted rights of possession temporarily, without a transfer of ownership. A thorough analysis with reference to common law concepts of possession and the law of torts need to be conducted in order to draw John direction of where this claim may potentially lead. Title to Personal Property by Transfer by Act of Party At the outset, whether John has in fact proprietary ownership of the painting coming into dealings with the gallery should be considered. Recognised as modes of proprietary acquisition, sales and gifts inter vivos, are the most common forms of consensual transactions. A transfer by gift involves the separation of the beneficial from the legal ownership. It constitutes a divestment of one’s interest in the property, where it is conveyed by an intention to transfer legal ownership to a new owner who agrees (at least impliedly) to accept that interest. Furthermore, delivery is essential to a gift; a mere intention or promise to give, is not a gift, and is in law wholly invalid. In other words, for a successful claim against the gallery John must first show that Percy (the donor) renounced and he

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