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37386 results in Cambridge Textbooks

Page 813 of 1870

  • 9 - Personal Property Securities Act

  • from Part 1 - Australian Commercial Law
  • Dilan Thampapillai, Australian National University, Canberra, Claudio Bozzi, Deakin University, Victoria, Mark Giancaspro, University of Adelaide, George Yijun Tian, University of Technology Sydney
  • Book:
    Australian Commercial Law
    Published online:
    04 March 2021
    Print publication:
    24 June 2020, pp 217-256

  • Summary

    This chapter examines the system for creation and enforcement of security interests over personal property. It considers the operation of the Personal Property Securities Act 2009 (Cth) (PPSA), examining: (1) the Act’s purpose and overall design; (2) the definition of security interests; (3) the kinds of security interests it governs; (4) what constitutes the taking of good security – including explanation of the concepts of attachment and perfection of interests; (5) the extinguishment rules; (6) the fate of certain proprietary interests, such as fixed and floating charges under the Act; and (7) the principles and rules of priority of interests as they operate under the Act. The chapter also examines how the Act approaches the recognition of a security interest as a matter of substance rather than form. Emerging PPSA law cases are referred to where appropriate.

  • 8 - Bailment

  • from Part 1 - Australian Commercial Law
  • Dilan Thampapillai, Australian National University, Canberra, Claudio Bozzi, Deakin University, Victoria, Mark Giancaspro, University of Adelaide, George Yijun Tian, University of Technology Sydney
  • Book:
    Australian Commercial Law
    Published online:
    04 March 2021
    Print publication:
    24 June 2020, pp 196-216

  • Summary

    This chapter examines the topic of bailments. It sets out the basic concept of a bailment and the required factors that must be in place for a bailment relationship to exist. The chapter then examines sub-bailments, the categories of bailment, the duties common to all bailments, and the relationship between bailment and other legal categories. The issues pertaining to bailments and the Personal Property Securities Act 2009 (Cth) are discussed in .

  • 3 - Personal property

  • from Part 1 - Australian Commercial Law
  • Dilan Thampapillai, Australian National University, Canberra, Claudio Bozzi, Deakin University, Victoria, Mark Giancaspro, University of Adelaide, George Yijun Tian, University of Technology Sydney
  • Book:
    Australian Commercial Law
    Published online:
    04 March 2021
    Print publication:
    24 June 2020, pp 51-71

  • Summary

    This chapter addresses the topic of personal property. It first addresses the fundamental notion of property. It then explores how the scope of personal property has become more expansive as novel challenges to existing notions of property have arisen over time. The chapter considers the important distinction between real property and personal property. Sub-classifications of personal property are considered, including the distinction between chattels real and personal, choses in action and choses in possession. The chapter explores various types of possession and interference with possession giving rise to actions for trespass, conversion and detinue. The chapter concludes with a discussion of how the nature of personal property rights can be lost through intermixture, accession or by becoming a fixture.

  • 4 - Sale of goods

  • from Part 1 - Australian Commercial Law
  • Dilan Thampapillai, Australian National University, Canberra, Claudio Bozzi, Deakin University, Victoria, Mark Giancaspro, University of Adelaide, George Yijun Tian, University of Technology Sydney
  • Book:
    Australian Commercial Law
    Published online:
    04 March 2021
    Print publication:
    24 June 2020, pp 72-103

  • Summary

    This chapter deals with the topic of the sale of goods. There are Sale of Goods Acts in each state and territory in Australia. All of these Acts are broadly the same in their terms and structure. They are all based on the UK Sale of Goods Act 1893. As such, UK court decisions are very relevant to the interpretation of Australian legislation. The sale of goods is regulated in Victoria by the Goods Act 1958 (Vic) (‘Goods Act’), and the chapter uses this Act as a model with which to explore the various issues pertaining to the sale of goods.

Page 813 of 1870