CONVEYANCING (How is the interest being acquired?)

Question 1

Doctrine of Discovery

Answer 1

Doctrine of Discovery (First in time, first in right)

Question 2

Rule of Capture

Answer 2

Rule of Capture: Pursuer must: (1) manifest an unequivocal intention of appropriating the animal, (2) deprive the animal of natural liberty, and (3) bring the animal within certain control.

Question 3

The Rule of Custom:

Answer 3

The Rule of Custom: Limited Application – (1) do not impose in places where people do not know about the custom (2) Duration – should have long duration – gives confidence that it works well; AND (3) Necessary – without it system would break down.

Question 4

Law of Finders: two-step process:

Answer 4

Law of Finders: two-step process: 1) we categorize the found object; and 2) we prioritize claims among various claimants based on the category we have chosen.

Question 5

Inter vivos gift

Answer 5

a. Inter vivos – gift made during the life of the grantor.
1) Delivery must be actual (e.g., physical) if practicable. If actual delivery is not practicable then delivery may be symbolic or constructive (the donor must be found to have departed with dominion and control of the property).
2) Acceptance is presumed if the gift is beneficial to the donee.
a. Symbolic: a written instrument that symbolizes a transfer of ownership (letter or deed).
b. Constructive: delivery of some object that gives control of the gift (keys to a house or car).

Question 6

Delivery

Answer 6

Delivery must be actual (e.g., physical) if practicable. If actual delivery is not practicable then delivery may be symbolic or constructive (the donor must be found to have departed with dominion and control of the property).

a. Symbolic: a written instrument that symbolizes a transfer of ownership (letter or deed).
b. Constructive: delivery of some object that gives control of the gift (keys to a house or car).

Question 7

Symbolic delivery

Answer 7

Symbolic: a written instrument that symbolizes a transfer of ownership (letter or deed).

Question 8

Constructive delivery

Answer 8

Constructive: delivery of some object that gives control of the gift (keys to a house or car).

Question 9

A gift is a … and require (3 things)

Answer 9

A gift is a voluntary conveyance to another. No consideration is involved.

GIFTS REQUIRE:
Intent (present transfer),
Delivery (must pass from donor to donee), and Acceptance.

Question 10

Causa Mortis - gift

Answer 10

b. Causa Mortis - gift made in contemplation of imminent death, that becomes good upon death.
a. Inter vivos gift requirements apply.
b. They take priority over wills.
c. Can be rendered invalid by subsequent events.
a. I.e., donor recovers, revokes the gift before death, or donee dies before donor

Question 11

Conditional gift

Answer 11

c. Conditional gift – expire if certain conditions are not observed.
a. Classic example = engagement ring — conditioned on the donee actually marrying the donor, otherwise it expires and is revoked.
b. Donee’s obligations may be rendered void as a matter of public policy if offensive or discriminatory.

Question 12

Bailment

Answer 12

Created when one person has possession of the personal property of another for some particular purpose. May be:

1. for the benefit of the bailor (the one who delivers the property); or
2. benefit of the bailee (the one holding the property);
3. or both.

A bailment requires delivery (actual, constructive, symbolic, or contract) of possession and acceptance by the bailee