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Unformatted text preview: Outline Property I, Property rights based on Possession I. Introduction A. Property is a bundle of rights 1. Possess 2. Use 3. Fruits & Profits of the property 4. Dispose of (by gift or payment) 5. Destroy B. Rights are: 1. Perpetual- can have forever 2. Exclusive- no one else allowed to possess 3. Do not need to have entire bundle to have rights of property, EX. 99 year lease- do not have entire bundle of rights • Possession not forever • Can not destroy contract or building C. Property Approaches 1. Divine Law Approach- Law is whatever God says it is. God forbids ownership of the human body 2. Positive Law Approach- Law is whatever the ruling authority say it is. “All wild animals owned by the crown b/c crown says so.” 3. Natural Law Approach- whatever is right fair and just. Both sides can argue this 4. Sociological Jurisprudence- fundamental source of our law- what are generally shared policies or ethical viewpoints. D. Property Theories 1. Labor Theory- every person entitled to property rights that result from own labor- one deserves the benefit of his own labor. 2. Social Utility- property rights granted b/c society as a whole benefits. Human social welfare. 3. Economic Utility- law & economics, Market will decide who has property rights. E. Remedies 1. Trespass- Not tort, but property action, 3 requirements a. P must prove right of possession b. Intentional interference by def c. Def did not have authority or consent d. Remedy is for monetary damages to property 2. Replevin- action to recover property-Remedy is for return of property 3. Trover- a property based action same elements as trespass, except interference needs to be serious and substantial. Forced sale- remedy is for the fair market value of the property 4. Conversion- is the modern version of trover- remedy is for FMV II. Acquiring Rights-Wild Animals A. General Rule: 1. Occupancy(Possession)- deprive animal of it’s natural liberty, bring animal under certain control 2. Intention- appropriating animal to individual use 3. Regulation by state- a. need license b. Time Frame c. Limit # of animals B. Special Rule: 1. Rationi Soli- on account of soil, rights by ownership of soil. a. Land must be owned by Plaintiff b. Def. must be a trespasser- customary right of entry presumed c. DEF. intended to acquire animals and took physical possession • This is done to discourage wrongdoing- punish • Unjust enrichment- exercising rights of landowner, landowner has an exclusive right to hunt C. Policies: 1. encourage capture and use 2. Not only intend, but must also possess, Pursuit is intention, but not possession. Must have both. Caging is both III. Loss of Rights-Wild Animals 1. Lose rights when wild animals regain their freedom, natural liberty 2. Natural liberty- 1. Free from artificial restraints. 2. Return to natural habitat(notice) 3. Exceptions: a. Animus Revertendi- captured wild animals that are trained or develop a habit of returning to the captor’s property continue to belong to the captor. habit of returning to the captor’s property continue to belong to the captor....
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This note was uploaded on 02/18/2008 for the course LAW 1020 taught by Professor Dilorenzo during the Fall '99 term at St. Johns Duplicate.
- Fall '99