Chapter 2 Self-test questions

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. Which of the following statements is incorrect?

English law draws a sharp distinction between real property and personal property. correct incorrect

Real property is land and interests in land, personal property is anything that is not classified as real property. correct incorrect

A key difference between real and personal property is that the primary remedy for dispossession of personal property is damages whilst in respect of land the primary remedy is to recover the property. correct incorrect

Apart from 'chattels real', personal property consists of goods. correct incorrect

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. Which of the following statements is correct? Please select all that apply.

Things in action are rights to sue and are intangible property. correct incorrect

A bill of exchange is not a thing in action because it is tangible – you can touch a bill of exchange. correct incorrect

Ownership of property can be thought of as the legal right to resist other peoples' claims to the thing by making a stronger claim of your own. correct incorrect

Everything that we can touch is capable of being owned. correct incorrect

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. Which of the following statements is correct

English law recognises two proprietary rights: ownership and possession. correct incorrect

A personal right gives a claim against a person who wrongfully interferes with the property. correct incorrect

A proprietary right gives a claim against a person who wrongfully interferes with the property. correct incorrect

A purchaser of goods under a voidable sale does not acquire ownership of the goods. correct incorrect

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. Honoré describes the ownership as consisting of the ___ incidents of ownership left after other rights have been granted to others and this would include the right to recover possession of property by a person who has leased goods to another.

Your response

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. Which of the following statements is correct? Please select all that apply.

It is possible to own goods without being able to identify them. correct incorrect

Co-ownership exists where two or more persons are simultaneously entitled to possession of identifiable goods. correct incorrect

Where a seller agrees to sell goods to a buyer, because equity looks on as done those things that ought to have been done, the buyer acquires equitable title to the goods. correct incorrect

Where a person has an equitable interest in property, it is not enforceable against a bona fide purchaser for value of a legal interest in the property. correct incorrect

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. Which of the following statements are correct? Please select all that apply.

Possession entails two elements, the exercise of control and the intention to possess. correct incorrect

Possession need not entail the possessor physically having personal control over the thing. correct incorrect

The intention to possess requires the possessor to believe he has the right to resist claims to possess from anyone else correct incorrect

A person with possession of goods may have possessory title to them which will enable the possessor to resist claims from any third party except someone with a better right to possess. correct incorrect

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. ___ involves the passing of possession of a thing from one person to another in circumstances where the person in possession has only limited rights of control over it as against the person passing possession.

Your response

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. Which of the following statements are incorrect? Please select all that apply.

It is clear in English law that a bailee cannot escape liability for loss caused by his carrying out his duties in a totally different way to that contemplated by the parties. correct incorrect

A bailor can remain in possession of goods. correct incorrect

Where a bailee attorns in favour of another person in respect of specific goods, that person will have constructive possession and so will have proprietary rights in those goods. correct incorrect

Where a bailee attorns in favour of another person in respect of goods in bulk it is clear that this person will acquire proprietary rights in the bulk. correct incorrect

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. A person in possession of goods may raise the defence of ___ ___ if he joins the owner of goods in an action brought against him by a person with possessory title only.

Your response

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. Which of the following statements are correct?

A bailor is always entitled to protect his proprietary rights by bringing an action against a person who wrongfully damages or takes possession of the goods. correct incorrect

Transferring possession of a bill of lading transfers ownership of the goods to which the bill relates. correct incorrect

Transferring the right to sue on a debt which is embodied in a document is effected by transferring title to the document. correct incorrect

The only way to effect a legal transfer of a thing in action is to comply with the requirements of s136 Law of Property Act 1925 correct incorrect