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(p. 54) 2. Basic Concepts of Personal Property 

(p. 54) 2. Basic Concepts of Personal Property
(p. 54) 2. Basic Concepts of Personal Property

MA Clarke

, RJA Hooley

, RJC Munday

, LS Sealy

, AM Tettenborn

, and PG Turner

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date: 26 March 2019

This chapter explores some basic concepts of personal property and personal property law. It first explains the distinction between personal and real property before discussing the nature of personal property as well as the characteristics and significance of property rights. It then considers ownership and possession of chattels, the acquisition and transfer of legal and equitable ownership in chattels, and attornment in respect of chattels. It also describes the acquisition and transfer of legal and equitable ownership in choses in action and intangibles. Finally, it examines the remedies for recovery of, and interference with, personal property and remedies available for protection of equitable property, including claims to trust assets and claims for breach of trust.

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