Class 2 and 3 (Class 1 had no reading not examable) Flashcards
(27 cards)
What is tangible property?
Something you can touch like land or a car
What is intangible property?
Something you can’t touch like bonds, music
Is property a thing?
It can be but sometimes its not
Is property a right?
Yes it represents a bundle of rights
What is private property?
Property owned by a person or corporation. has the right to exclude and can serve others with trespass.
HAS RIGHT TO EXCLUDE
What is subversive property?
Property law should create spaces of belongings
What is progressive property?
To leverage property law to foster equality.
The societal role of property law
Recent developments continue to challenge the societal role of property law
What does a “private property” sign do in regards to rights?
The sign asserts rights and frames a relationship between people.
Generally explain a bit about property rights
They represent a relationship among people and apply to different people differently
What is state property?
Property owned by the government. HAS the right to exclude
What is common property (public property) ?
Property that anyone can use
NO RIGHT TO EXCLUDE
What is the difference between possession something and owning something
You can possess something you do not own like a lease.
What is property based on responsibility?
Based on “responsibility,” reflected in ideas about stewardship of land (including in relation to Indigenous concepts of property), and in principles of environmental regulation
(Indigenous Concept)
What is property as a fact?
A person who has established physical possession may be legally recognized as having property entitlement
What is possession?
Possession is physical control over something.
True or false the ownership of property is more about the rights in the thing then the actual thing
True
Historically, give us context about ownership in the 1700s
After the 1700s is when you could start owning things and it was no longer just possession. capitalism started this.
Victoria Park Racing v. Taylor. Also, what was some of the dissent for the finding?
Plaintiff owned horse track and the defendant built an area to overlook and they had a betting and ticket sight. plaintiff sued. (tried to sue for tort of nuisance)
Court held there is no property in a spectacle.
spoke about common law, one judge saying you need to be flexible and make laws as needed, other disagreed.
General holding is that anyone has a right to look over a fence and if the plaintiff wanted, build a higher fence.
one judge said there must be legal limits to the right to overlook a neighbours land in reference to privacy
What does a claim need in order to succeed?
Precedent, common law or statutory/regulatory authorities.
What is the tort of nuisance?
Basically, interference with the use and enjoyment of land.
damages awarded are typically financial.
What is a tort?
A civil wrong that causes claimant harm or loss resulting in legal liability.
Can corporations and the state be subjects to common property?
No.
International News Service v Associated Press 1918
Would steal the news from the plaintiff and post it themselves as it was a different continent.
Sued and claimed property in the news.
result was that INS could not do certain things but there was no property in the news. once news are stated they become free as the air to common use. exceptions for copyright things of course,
JCM v. Ana Case
lesbians owned sperm, broke up and wanted to use sperm for new child while other wanted destroyed.
court held there was property in the sperm at 50/50
