Law of Torts II – Interference with goods (Lecture 4)

Law of Torts II – Interference with goods (Lecture 4)

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Law of Torts II – Interference with goods (Lecture 4) Title to sue: Very dependent on: o Possession rather than ownership, and o The type of possession. What is property? Real property – Trespass to land o Corporeal hereditaments – Visible and tangible objects, such as land. o Incorporeal hereditaments – Intangible interests Personal property – Not land, except lease o We are concentrating only on PURE PERSONALITY (or chattels personal) Property is a right, not a thing in law o Common usage of the word property is at variance with the meaning of property in law. Property is the rights that a person holds over a land or possession. To have a property is to have a right in the sense of an enforceable claim to some use of benefit of something, whether it is a right to share in some common resource of an individual right in some particular things. o What distinguishes property from mere momentary possession is that property is a claim that will be enforced by society or the state, by custom, convention or the law. o Property rights can only truly exist where the prevailing legal system protects and enforces them. These rights have to be recognized by law for property to be protected. o Such rights are generally enforceable against the world at large, however note, despite being legally enforceable, the rights of property owners are not absolute (Both courts and parliament can impose restrictions. Difference between proprietary and possessory title: Ownership: o A bundle of rights may indicate ownership. These are different types of rights: The right to possess
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The right to use The right to manage The right to income, capital and security The power of transmissibility The absence of term Prohibition of harmful use Liability to execution Residuary character o We are only concerned with protecting the right of possession rather than ownership. Possession o Is also a property right o The holder of a possessory title holds a good title against all but the true owner who holds absolute title and, until ‘absolute title’ of a ‘full and better’ ownership is proven, the courts will protect the right of the possessor This is to protect the established occupation of possessor against unjustified intervention. To uphold public peace against violent assertions or proprietary rights. Consensual possession Where the holder of property has acquired possession with the consent of the owner, the possessor will hold a legally enforceable right – existing for the duration of the possession. o If P gives consent, the D has possession with consent. The transfer of possession may be permanent or temporary. Where the owner of personal property delivers that property to another for a limited
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Law of Torts II – Interference with goods (Lecture 4)

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