Property I-BJ - Property I Outline Fall 1998 Professor...

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Property I Outline Fall 1998 Professor Parella Bill Jeberg FORMS OF ACTIONS I ACTIONS AT LAW A) TRESPASS - Interference or injury to π 's possession 1) To person- Injury to π 's person 2) To chattel- Forcible carrying away of π 's chattel or excluding π from possession of chattels 3) To land- Any forcible interference with π 's possession of land 4) Damages- $$ in the amount of damage done or for nominal damages if no substantial harm was done. B) TRESPASS ON THE CASE (CASE)- Where the elements of trespass are missing 1) 's acts- not immediately injurious Injury is indirect or a consequence or Injury is to property not in π 's possession or it is intangible Prior possession is not needed, has a duty to act or not act 2) Damages- $$ in amount of damages incurred C) TROVER- Suit to recover value of lost chattel 1) Damages- $$ in amount of value of chattel D) REPLEVIN- Suit to recover a lost chattel (not land) 1) Prior possession- Necessary 2) Damages- The actual chattel 3) Common law- Trover and replevin can not be brought together E) EJECTMENT- Suit to recover possession of land and kick someone of 1) Prior possession- Necessary F) ASSUMPSIT- Recovery of damages from injury to promisee from consensual undertaking G) COVENANT- Enforcement of a right under seal H) DEBT- Unsealed promise to pay definite sum of $$ II ACTION IN EQUITY A) NO JURY TRIAL - originally the two types were separate, now merged A) INJUNCTION- Order for to refrain from an act or an order to do a specific act ACQUIRING TITLE TO WILD ANIMALS (Common Law Rules) I POSSESSION A) HOW ANIMALS FERAE NATURAE ARE ACQUIRED 1) Intent- not really an issue 2) Deprivation of it's natural liberty- Mortally wounding- question of fact 1
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Trapping B) WHAT IS NOT ENOUGH FOR POSSESSION 1) Pursuit alone- (Pierson v. Post- chase is not enough) 2) Almost possession- (Young v. Hichens- fish nearly in net) C) ULTIMATE CONTROL 1) Does not need to be absolutely certain Net to catch fish overnight (McGee v. Gratz- mussels at bottom of river are yours) II RATIONE SOLI A) OWNERSHIP OF LAND WHERE ANIMAL IS CAPTURED 1) Land owner- superior rights over trespasser with respect to animal captured in the wild- overrules other requirements See McGee v. Gratz, supra- mussels are yours, they are stationary (Douglaston Manor v. Bahrakis- rights to exclusive fishery can be conveyed to an owner of a part of water by law) Infringement on intangible property interests- violent or malicious act o one's livelihood is illegal, unless done competitively (Keeble v. Hickeringill- decoy pond on π 's land to trap ducks for profit) III QUALIFIED PROPERTY INTEREST A) ESCAPE 1) Natural liberty- is regained by animal Does not necessarily have to be it's natural habitat (Mullet v. Bradley- sea lions in Atlantic) 2) Property interest is lost unless Animal has animus revertendi- intends on returning Person who captures it is in "hot pursuit" after escape Animal is used to support family or wealth of community
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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.

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Property I-BJ - Property I Outline Fall 1998 Professor...

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