Class 6 Flashcards
What is the labour theory of possession
States that the original owner is the first person to combine their labour with the thing that is possessed
What is the societal consent theory
engage in an agreement within community to define what an individual possess.
Darwin the Ikea money true or false: can a former owner have a greater entitlement to possession if a wild animal has been domesticated?
Yes
Carol rose thinks its good people are homeless
False
How does property create advantages?
Against homeless, it exacerbates social inequality.
How can lack of property create an issue?
More reliant on common property
Does the government have to do anything about section 7 in reference to homelessness?
Section 7 is the right to life and liberty. they do but there is no POSITIVE right to reduce homelessness
Actual possession is:
You have something in your posession
Pedal possession is:
The power/dominion over property
Constructive possession is:
You own something but it is not on your person
Property interests are always?
Relative
What is relativity of title?
If a person can claim a right based on possession of the land prior to someone else’s claim, that person who was in first possession might be able to defeat that second person Even if there is a true owner.
Two theories for the origin of possession by Carol Rose : Labour theory and societal consent theory
Labour theory is when you combine your labour with something you posted.
Societal consent is when everyone comes together and agrees to who owns what
Pierson v. Post
Post was hunting and Pierson killed a fox and took off. post sued for the value of fox as he claimed possession.
Court held possession needs a clear act showing he world that the pursuer has a unequivcable intention to appropriate the animal to their use.
What does an owner mean in reference to a dog owner?
Plaintiff was walking dog and the dog bit her.
court missed her claim as they said she fit in the definition of an owner as she was in possession nd harbouring the dog.
