Property I-FAC - General principles of property law: o...

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General principles of property law: o Labor should be rewarded – one should generally be able to retain the fruits of one’s own labor o Serving the general welfare – Law of Economics theory – the market will provide the best protection to the public interest and therefore the law should step out of the way and let the market operate – only when the market does not protect the welfare does the court step in o We do not want to allow a wrongdoer to benefit from his own wrongdoing. o When in doubt: We need more law/ we need more facts – if we need more facts, discuss what the possibilities might be. o The law will not impose property rights on someone unless they agree to take them b/c there are responsibilities that come with these rights. o Courts want to validate gifts where possible. o One cannot have property interests in human tissue – person from whom the tissues were originally taken does not have a cause of action for replevin, conversion, etc. (remember T- cell example) o It seems that DiLorenzo will focus on the underlying public policy of the decisions. Rather than Formalism, he emphasized Sociological Jurisprudence – what the decision should be and why based on public policy. What does it mean to have an interest in Property? a bundle of rights – usually exclusive and perpetual - right to possess - right to use - right to destroy - right to the fruits and profits of the article We can break up the bundle of rights and still call it an interest. For example, a lessee does not have the right to destroy the property, but does have the right to possess, use, and possibly benefit from the fruits and profits of the property. Causes of action: Trespass on the case – general tort action and not something generally used in property – is this something we need to be concerned with? Trespass What you need to prove: The plaintiff had a right of possession The defendant knowingly interfered with the plaintiff’s right The defendant did not have permission from the plaintiff The plaintiff suffered some damages as a result of the defendant’s actions Relief: Money Damages Key: Important topics/terms, Questions 1
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Replevin – Action to recover possession What you need to prove: The plaintiff had a right of possession The defendant intentionally interfered with the plaintiff’s rights The defendant did not have permission from the plaintiff The plaintiff suffered some damages as a result of the defendant’s actions Relief: Recovery of possession Conversion – cause of action filed when property is completely destroyed What you need to prove: The plaintiff had a right of possession The defendant intentionally interfered with the plaintiff’s rights The defendant did not have permission from the plaintiff The interference was “serious” so as to warrant giving Full Market Value in damages (i.e.
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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-FAC - General principles of property law: o...

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