Legal Issues: Ownership of Goods and Liability for Harm to Animals

Part 3 of the Contract and Commercial Law Act 2017

Cooper is a keto baker. He uses a lot of Ketopia protein powder in his cooking and buys it in bulk straight from the manufacturer, Ketopia Ltd.On Thursday 15 October 2020, Cooper visits Ketopia Ltd and places an order for 10 kg of Ketopia protein powder, to be delivered in a 10-kg tub. On Friday 16 October, Sabrina, the manager of the storeroom, calculates how much Ketopia protein powder Ketopia Ltd had sold over the week. It was 150 kg, including Cooper’s 10 kg. Sabrina has 150 kg of the protein powder divided into 1-kg tubs. She attaches a temporary label to each tub. The label reads, “SOLD WEEK OF 12/10/2020”. She stacks the tubs and goes home for the weekend.On Monday 19 October 2020, Ketopia Ltd becomes insolvent. Cooper is not owner of 10 kg of Ketopia protein powder. Part of the reason is the type of goods that the 150 kg of Ketopia protein powder are. What type of goods are they? You may wish to refer to the provisions of Part 3 of the Contract and Commercial Law Act 2017.b) (5 /20 marks)Jeanne is the proud owner of a toy poodle called Speranza. One day, Jeanne goes to a food fair near her home, taking Speranza with her, on a long leash. At the fair, Jeanne stops to buy some jam.While Jeanne is handing the money over to the seller, Speranza recognises a friend of Jeanne’s, Maureen. Maureen and Speranza adore each other. Speranza runs up to Maureen, who has just bought a lamb kebab. Maureen takes a few pieces and drops them on the ground for Speranza, who hurriedly eats them up. Jeanne then turns around, sees Maureen, and talks to her for 10 minutes or so. Later that evening, Speranza starts to look unwell. Jeanne takes her to the vet. It turns out that Speranzais allergic to lamb. The vet induces vomiting, and Speranza recovers within an hour. The vet’s bill is $200.Jeanne has an action against Maureen in trespass. Why not in conversion or detinue?