Law

Concepts and Case Analysis in the Commercial Law of Contracts

Dotty has a right for the goods bought together with the premise and may sue to specific performance. It allows the buyer to sue for specific performance when the goods are specific. The remedy is discretionary and will only be granted if the goods are of special value or unique in their nature like the antique furniture.
Dotty can also sue the vendors against trespass on the goods. An action for trespass to goods lies where there is wrongful interference with another person’s goods, which are in his possession. The interference includes actual taking off or a direct and immediate injury to the goods. This tort aims at protecting personal property. For an action to be enforceable as a trespass on goods, the plaintiff must establish that at the time of trespass, he had the possession of the goods either actual or constructive and that his possession had been wrongly interfered with or disturbed.
For this case, it was a trespass on chattels or goods. This is based on possession. The tort consists of interference with the goods, which are in the actual or constructive possession of the plaintiff.
We need to determine whether the seating and hair dryers are fitting to the land and also consider whether it has been fixed with the intention that it will remain in position permanently or for an indefinite or substantial period, or whether temporary purpose. If they prove to have been fixed merely for a temporary purpose, it is obviously not a fixture
Land includes things affixed to the land such as buildings and fences, and so on. A fixture is an object that was affixed to land with the intention of becoming a permanent feature of that land.&nbsp.

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