Acquisition

Question 1

Acquisition by Discover

Answer 1

1) First in time first in line
2) Labor theory-Whoever put labor towards obtaining or improving the property should have an ownership interest equivalent to his labor

Question 2

By Capture Animals

Answer 2

1) Mere pursuit is not possession, person must have physical possession of chased animal to be first possessor
2) Mortally wounding is considered constructive possession, person does everything he can to take anima

l

Question 3

By capture land

Answer 3

1) Owenrs have constructive possession of all things on that land
1) cant intend to harm anothers property but can do useful behavior that has that result

Question 4

By Creation

Answer 4

Created property can be possessed and exploited by more than one person

2) Value lies in being the only person who can exploit that property during a particular window of time

Question 5

By find

Answer 5

1) Finder of property does not acquire absolute ownership but can keep it against everyone except the righful owner
2) owners of land are deemed to have possession of things embedded in land
3) Possessors of land are deemed to have possession of loose chattels found on the land
4) Trespassers cannot be finders because they have no legal capacity to claim title.

Question 6

Lost

Answer 6

Posessor involuntarily or unknowingly sets down or drops property

Question 7

Mislaid Property

Answer 7

Property possessor knowingly sets down, but walks away from without forming an intent to abandon the property

Question 8

When agent finds

Answer 8

An agent who finds property has no property rights because they act on all times on the behalf of the principal

Question 9

Testamentary Gifts

Answer 9

Post death

Question 10

Inter Vivos Gifts

Answer 10

are made during lifetime

Question 11

In Extremis

Answer 11

On the verge of death, a court is more likely to beleive this becuase it is a persons last dying wish

Question 12

Donatio Causa Mortis

Answer 12

Gift given in anticipation of impending death

Question 13

Gifts are

Answer 13

Irrevocable

Question 14

Gift Elements

Answer 14

Intent Delivery accpetance

Question 15

Delivery elements

Answer 15

1) actual delivery-Physically handing over the gift
2) Constructive Delivery-is giving access to something
3) symbolic delivery-Giving something that represents that property

Question 16

Traditional rule re: delivery

Answer 16

1) Actual delivery is required if item is physically capable of being handed over
2) Constructive delivery is acceptable if it is impracticable or impossible to achieve actual delivery
3) symbolic delivery not recognized

Question 17

Modern rule Re: Delivery

Answer 17

1) Even if actual delivery is possible, costructive delivery is sufficient as long as intent to make gift is clear
2) Symbolic delivery is acceptable so long as it fits the nature and circumstances of the gift and the intent is clear.

Question 18

abandoned property

Answer 18

Possessor sets down knowingly and forms an intent not to come back to claim it

Question 19

When property is mislaid

Answer 19

Finder has a weak claim:

1)i.e. Wallet left on table in barbershop
2) most likely to return property to original owner
3) Bailor/bailee relationship
Baillor has a duty to make reasonable efforts to find person who mislaid property