Class 2 and 3 (Class 1 had no reading not examable)

Question 1

What is tangible property?

Answer 1

Something you can touch like land or a car

Question 2

What is intangible property?

Answer 2

Something you can’t touch like bonds, music

Question 3

Is property a thing?

Answer 3

It can be but sometimes its not

Question 4

Is property a right?

Answer 4

Yes it represents a bundle of rights

Question 5

What is private property?

Answer 5

Property owned by a person or corporation. has the right to exclude and can serve others with trespass.

HAS RIGHT TO EXCLUDE

Question 6

What is subversive property?

Answer 6

Property law should create spaces of belongings

Question 7

What is progressive property?

Answer 7

To leverage property law to foster equality.

The societal role of property law
Recent developments continue to challenge the societal role of property law

Question 8

What does a “private property” sign do in regards to rights?

Answer 8

The sign asserts rights and frames a relationship between people.

Question 9

Generally explain a bit about property rights

Answer 9

They represent a relationship among people and apply to different people differently

Question 10

What is state property?

Answer 10

Property owned by the government. HAS the right to exclude

Question 11

What is common property (public property) ?

Answer 11

Property that anyone can use

NO RIGHT TO EXCLUDE

Question 12

What is the difference between possession something and owning something

Answer 12

You can possess something you do not own like a lease.

Question 13

What is property based on responsibility?

Answer 13

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)

Question 14

What is property as a fact?

Answer 14

A person who has established physical possession may be legally recognized as having property entitlement

Question 15

What is possession?

Answer 15

Possession is physical control over something.

Question 16

True or false the ownership of property is more about the rights in the thing then the actual thing

Answer 16

True

Question 17

Historically, give us context about ownership in the 1700s

Answer 17

After the 1700s is when you could start owning things and it was no longer just possession. capitalism started this.

Question 18

Victoria Park Racing v. Taylor. Also, what was some of the dissent for the finding?

Answer 18

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

Question 19

What does a claim need in order to succeed?

Answer 19

Precedent, common law or statutory/regulatory authorities.

Question 20

What is the tort of nuisance?

Answer 20

Basically, interference with the use and enjoyment of land.

damages awarded are typically financial.

Question 21

What is a tort?

Answer 21

A civil wrong that causes claimant harm or loss resulting in legal liability.

Question 22

Can corporations and the state be subjects to common property?

Answer 22

No.

Question 23

International News Service v Associated Press 1918

Answer 23

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,

Question 24

JCM v. Ana Case

Answer 24

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

Question 25

Yearworth case

Answer 25

Stored sperm and then got destroyed.

they sued and the court claimed it was property in the sperm and they could sue.

Question 26

Saulnier v. Royal Bank of Canada

Answer 26

Guy owned fishing licenses work 1m, got bankrupt, claimed these licenses were not property.

court held they were property. it was something of value and gave access to consistent income over a period of time. it had a bundle of rights that made it property. commercial reality approach.

Question 27

Moore v. Regents of the University of California

Answer 27

Moore was a patient who had genetic material removed, witth consent for years. after death, family sued for genetic material back.

can there be a property interest to claim tissues removed from body?

No. SCC said Moore did not expect to retain possession following conversion, so he did not have a right for them.