Commentary

39.5 Ownership of produce

BAILMENT vol 3(1)
| Commentary

39.5 Ownership of produce

| Commentary

39.5 Ownership of produce

The general rule is that produce follows possession, so that under a lease of livestock, for example, offspring of the livestock belong prima facie to the lessee unless the express terms or the peculiar facts indicate a contrary intention1. From the general rule that the owner of the produce or progeny is to be identified as ‘the person entitled to possession’ of the parent chattel2, it presumably follows that a lessee who has lost the right to possession of the parent animals when the offspring are born falls outside the general rule.

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