{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Property-ME - Outline Property I Property rights based on...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
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
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
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
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}