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General Elements of Occupancy
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- Intent to take possession of the animal
- Deprivation of animal's "Natural Liberty"
- Bringing the animal into your control
- Does not require actual, physical possession
- Deprivation of animal's "Natural Liberty"
- Bringing the animal into your control
- Does not require actual, physical possession
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Pierson Rule
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- Mortal wounding followed up with continued pursuit
- Trapping or nets that would render escape impossible
- Trapping or nets that would render escape impossible
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Liesner Rule
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- Animal's escape is "highly improbable"
- Possession is "practically inevitable"
- Possession is "practically inevitable"
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Ratione Soli Doctrine
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"Reason of soil"; Ownership disputes are settled based on who owns the land that the property in question was on
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Elements of Bailment
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- Must be an item of personalty (not realty)
- Actual and rightful possession
- Actual or constructive delivery
- Expressed or implied consent
- Duty to return or follow owner's instructions
- Actual and rightful possession
- Actual or constructive delivery
- Expressed or implied consent
- Duty to return or follow owner's instructions
question
Standards of Liability for Bailment
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- Must first look to see if there's a contract
- Strict liability => If bailee dealt fraudulently with the property or in misdelivery
- Negligent => All other cases
Bailee must know the nature, but not necessarily the value, of the property upon delivery
- Strict liability => If bailee dealt fraudulently with the property or in misdelivery
- Negligent => All other cases
Bailee must know the nature, but not necessarily the value, of the property upon delivery
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Negligence in Bailment - Common Law Approach (Hanes v. Shapiro & Smith)
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- If the bailment is for the sole benefit of the bailor, the law only requires of the bailee slight diligence and holds liable for gross negligence.
- If for the sole benefit of the bailee, then he is held to high diligence, and liable for slight negligence
- If for the benefit of both bailor and bailee, ordinary diligence and ordinary negligence
When determining benefit, courts just look at if there was any benefit at all; they don't care who benefits the most
- If for the sole benefit of the bailee, then he is held to high diligence, and liable for slight negligence
- If for the benefit of both bailor and bailee, ordinary diligence and ordinary negligence
When determining benefit, courts just look at if there was any benefit at all; they don't care who benefits the most
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Negligence in Bailment - Modern Approach (Peet v. Roth Hotel)
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Ordinary duty of care in all cases; Duty of care is based on all the relevant circumstances (commensurate to hazards)
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Elements of a Bailment Contract
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- Contract must stipulate a duty of care & level of negligence required for legal action
- Contract must be in line with public policy
- Contract cannot enlarge or diminish liability with ambiguous, highly interpretable language
- Contract is bound by rules for strict liability
- Contract must be in line with public policy
- Contract cannot enlarge or diminish liability with ambiguous, highly interpretable language
- Contract is bound by rules for strict liability
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Burden of Proof to Escape Bailment Liability
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The bailment was not lost due to bailee negligence; bailee met standard of care
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Burden of Proof for Bailment Breach of Contract
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If a bailor brings an action based on contract, she need only prove that a bailment relationship existed and that the defendant failed to return the good undamaged or failed to deliver it as instructed
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Burden of Proof for Bailment Negligence
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If the bailor brings an action for negligence, then the burden is on the plaintiff to prove the bailee's negligence
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General Rule of Property Transactions
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A buyer of personal property takes only such title or interest as the seller has or is authorized to convey ("caveat emptor" - let the buyer beware)
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Voidable Title Exception (Common Law)
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- If the owner sells to the intermediary but the sale is conducted through fraud, the owner can sue to get the sold property back
- Full title passes during the transaction
- If the fraudulent intermediary sells the property before the owner can render the sale void, the BFP will keep the property
(See Baehr v. Clark & Phelps v. McQuade)
- Full title passes during the transaction
- If the fraudulent intermediary sells the property before the owner can render the sale void, the BFP will keep the property
(See Baehr v. Clark & Phelps v. McQuade)
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Apparent Authority Exception (Common Law)
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- Owner has taken action to make it appear that the intermediary is the owner and has the authority to sell the owner's property
- Simply giving the property to a merchant is not enough to confer apparent authority
(See O'Connor v. Clark & Zendman v. Harry Winston, Inc.)
- Simply giving the property to a merchant is not enough to confer apparent authority
(See O'Connor v. Clark & Zendman v. Harry Winston, Inc.)
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Entrustment
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Any delivery of possession and any acquiescence in retention regardless of any condition expressed between the parties
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Entrustment Rule (UCC)
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Any entrusting of possession of goods to a merchant who deals in goods of that kind gives the merchant power to transfer all rights of the entruster to a buyer in ordinary course of business
question
Voidable Title (UCC)
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- A purchaser of goods acquires all title which his transferor had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased
- A transaction passes title even if the transaction was made under false pretenses or fraud
- Fraudulent identity can be perpetuated even through letters (the con-man gets the property, not the name on the latter), unlike common law
- A transaction passes title even if the transaction was made under false pretenses or fraud
- Fraudulent identity can be perpetuated even through letters (the con-man gets the property, not the name on the latter), unlike common law
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Effect of Adverse Possession
answer
- Original owner loses title; title passes to the next legitimate owner who met the requirements of adversely holding the property
- Stolen property does not prevent adverse possessor from gaining title if requirements are met
- Stolen property does not prevent adverse possessor from gaining title if requirements are met
question
Elements of Adverse Possession
answer
O - Open: The item must not be hidden or concealed.
C - Continuous: The possessor(s) must possess the item continuously for the statutory period.
E - Exclusive: The possessor(s) must have sole actual possession and may not share possession with the true owner.
A - Adverse: Each possessor must claim that, and act like he has title, and that claim must be adverse to the true owner's rights.
N - Notorious: Similar to the "open" requirement, the use must suffice to put the true owner on notice that the possessor is using, and claiming title to, the good.
C - Continuous: The possessor(s) must possess the item continuously for the statutory period.
E - Exclusive: The possessor(s) must have sole actual possession and may not share possession with the true owner.
A - Adverse: Each possessor must claim that, and act like he has title, and that claim must be adverse to the true owner's rights.
N - Notorious: Similar to the "open" requirement, the use must suffice to put the true owner on notice that the possessor is using, and claiming title to, the good.
question
Common Law Approaches to Adverse Possession
answer
- Majority => OCEAN elements alone must be satisifed
- Minority => OCEAN elements + good faith must be present
- Minority => OCEAN elements + good faith must be present
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Discovery Rule
answer
- A cause of action will not accrue until the injured party discovers, or by exercise of reasonable diligence and intelligence should have discovered, facts which form the basis of a cause of action
- Open and visible possession of personal property may not be sufficient to put the original owner on actual or constructive notice of the identity of the possessor
- Minority; known only to be used in N.J.
- Open and visible possession of personal property may not be sufficient to put the original owner on actual or constructive notice of the identity of the possessor
- Minority; known only to be used in N.J.
question
Tacking
answer
- The principle of counting periods of adverse possession prior to your own as part of the statute of limitations time limit, thus allowing you to claim good despite not possessing the property for the full amount of the statute of limitations
- Prevents original owner from regaining possession after the statute of limitations has expired since property was forfeited or lost, not since the current possessor obtained the item
- Requires that all possesors met OCEAN elements and had privity (i.e., legal relationship)
- Majority of jurisdictions allow
- Prevents original owner from regaining possession after the statute of limitations has expired since property was forfeited or lost, not since the current possessor obtained the item
- Requires that all possesors met OCEAN elements and had privity (i.e., legal relationship)
- Majority of jurisdictions allow
question
Elements for Accession
answer
- Good Faith => Accesor must have acquired the property honestly, without knowledge of defect in title
- Substantial Improvement to Value => The property must be improved such that the value is exponentially greater than when the accessor first acquired possession or such that all of the item's present value comes from the efforts of the accessor (exact amount unknown; 12:1 - 28:1?)
- Substantial Improvement to Value => The property must be improved such that the value is exponentially greater than when the accessor first acquired possession or such that all of the item's present value comes from the efforts of the accessor (exact amount unknown; 12:1 - 28:1?)
question
Acession in the Civil Law Tradition
answer
- If the property is changed into a different "species" (complete conversion or improvement) of item, then it ceases to be the original property and thus cannot be replievied
- Must have good faith (different from common law tradition)
- Must have good faith (different from common law tradition)
question
Damages for Original Owner if Title Passes in Accession
answer
The original owner can sue for the value of the property when it was wrongfully taken
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Detachable Improvements to Property in Accesion
answer
Original owner takes only what originally belongs to him; Improver gets improvements back if they can be removed without damaging the property
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Non-Detachable Improvements to Property in Accession
answer
Original owner gets to keep all of the improvements to the property as well as the original property itself
question
Bad Faith Improver in Accession
answer
Title will not pass to the accessor regardless of how much the property is improved or how higher it is valued
question
Elements of Donative Transfer
answer
- Voluntary
- Without consideration
- Present transfer of title
- Without consideration
- Present transfer of title
question
Elements of Present Transfer of Title in Donative Transfer
answer
- Present Intent
- Delivery
- Acceptance
- Delivery
- Acceptance
question
Present Intent in Donative Transfer
answer
- Donor must intend to transfer title to the donee in the present moment; cannot make promises for future donative transfer
- All circumstances are considered when determining intent
- All circumstances are considered when determining intent
question
Delivery in Donative Transfer
answer
- Actual Delivery => The donor physically delivers the good to the donee
- Constructive Delivery => The donor gives the donee the means to obtain possession of the goods
- Symbolic Delivery => the donor makes a gesture as a symbol of the gift
Majority of jurisdictions require actual delivery when possible
Minority allow for any delivery so long as there is intent
- Constructive Delivery => The donor gives the donee the means to obtain possession of the goods
- Symbolic Delivery => the donor makes a gesture as a symbol of the gift
Majority of jurisdictions require actual delivery when possible
Minority allow for any delivery so long as there is intent
question
Acceptance in Donative Transfer
answer
- Donee must accept the good; cannot force a gift on someone against his will
- Generally presumed, especially if the gift is unconditional and beneficial to the donee
- Generally presumed, especially if the gift is unconditional and beneficial to the donee
question
Inter Vivos Gift
answer
A gift one made during the donor's lifetime; cannot be revoked by the donor
question
Causa Mortis Gift
answer
A gift made in anticipation of the donor's imminent death
question
Revocability of Gifts
answer
- Causa Mortis only
- Becomes absolute when the donor dies from the anticipated peril with the donee surviving and without the donor having revoked the gift
- Title passes when the gift is made, but the gift is revocable if the donee dies before the donor or the donor recovers from the anticipated peril
- Becomes absolute when the donor dies from the anticipated peril with the donee surviving and without the donor having revoked the gift
- Title passes when the gift is made, but the gift is revocable if the donee dies before the donor or the donor recovers from the anticipated peril
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