Theft

Question 1

Appropriation is assuming the rights of the owner, such as switching price labels

Answer 1

(Morris)

Question 2

Confidential info is not property

Answer 2

(Oxford v Moss)

Question 3

V must have had posession, control or proprietary interest in the property, which can include property not under V’s sole ownership

Answer 3

(Turner)

Question 4

If V entrusts property to D it must be used for its intended purpose

Answer 4

(Davidge v Bunnett)

Question 5

If D gains property by mistake, they are under obligation to return it to V

Answer 5

(AG Ref No1 of 1983)

Question 6

D may believe they have a legal right to the property

Answer 6

(Robinson)

Question 7

D thought they would have V’s consent to appropriate

Answer 7

(Holden)

Question 8

D cannot find the owner through reasonable steps

Answer 8

(Small)

Question 9

Otherwise, the courts will apply the Ivey test: would D’s actions be considered dishonest by reasonable and honest people and would D see his own actions so?

Answer 9

(Barton and Booth)

Question 10

Intention to permanently deprive is given a wide definition; if D treats property as their own to dispose of this will be satisfied

Answer 10

(Lavender)

Question 11

There will still be intention even if property is returned with some of its value lost

Answer 11

(Lloyd)