Lectures Flashcards
Joly v Pelletier
C claimed to be martian, thus he is not a legal person and has no standing
Caratun v Caratun
licence to practice dentistry; not a subject of property, not assignable
Janicki v Hospital of St Raphael
Stiilborn foetus dissection; quasi-property
Doodeward
If dead body was subject to work and skill and has different attributes, can be property
Yearworth
Sperm = property
Davis v Australia
protection for confidential info in equity; Commonwealth overstepped its bounds by prohibiting ’88 to appear in pieces not celebrating bicentennial anniversary of Australia; information ought to be freely available
Seaboard Life v Babich
You must interfere with someone’s rights if he is to recover
International News Service v Associated Press
Copy rights to news? quasi-property as between competing newspapers
Victoria Park Racing v Taylor [AU]
you can’t have property in a spectacle
Breen v Williams
no proprietorship in information as information, because once imparted by one person to another, it belongs equally to them both; test: against who it can be enforced?
Possession
Control (factual possession) + intention to posses
Young v Hitchens [1844]
D rowed inside P’s net and caught fish; D is sued; C loses.
C claims he had possession of fish but for D; C would have acquired possession but C did not catch the fish; D not liable in tort of interference.
State of Ohio v Shaw [1902]
D charged with theft of fish from unattended nets in Lake Eerie; C had possession of nets even though nets were unattended.
Held: despite the fact that fish were escapable, C had sufficient control of fish to amount to possession.
JA Pye (Oxford) Ltd v Graham HL
Owner refused to renew grazing licence to G; G continued to use land to graze and cut hay; G willing to pay for new grazing licence if asked; G claimed right to be registered as owner of land based on 12 years of adverse possession.
Flack v National Crime Authority
Police searched Flack’s home, found $433,000 in cash in a closet, and seized it; she did not know the cash was
She had possession, Money was in a closet in her private home; she had a key to that closet – she decided who to admit, she controlled that space and things within that space.
Armory v Delamirie
Chimney sweeper’s boy (Claimant) finds jewel; Delivers it to goldsmith’s apprentice (D) for appraisal; Apprentice removes gem stones; D guilty of trover, C had better (earlier) title
Costello v Derbyshire Constabulary
“the fact of possession of a chattel of itself gives to the possessor a possessory title and the possessor is entitled to rely on such title without reference to the circumstances in which such possession was obtained”
Waverley Borough Council v Fletcher
Why did the owner of a public park have a better right to the brooch?
Park open to the public; not free to dig in the ground; if he had found brooch on the ground, Fletcher would have won (Parker v British Airways).
Nemo Dat
no one can give what he or she does not have; exception: money used as currency (in notes)
Registered Land
– registered under Land Registration Act 2002
What you’re registering is in the registrar – registering a lease, easement etc.
– unregistered interests
• e.g. short lease; leases perfectly valid legally (but are unregistered interests)
• e.g. equitable interest under a trust
Unregistered Land
Someone may have a lease but land is not in the registrar.
– not registered under Land Registration Act 2002
– Land Charges Act 1972
• register of certain interests in unregistered land
• e.g. estate contract
• e.g. restrictive covenant
Tenure
The (form of) right or title by which, or conditions under which, land or buildings are held
Estate
The interest that a person has in land or other property
Tenure today
- Tenure means that formally:
o The Crown owns the land
o Private owner are tenants of the Crown
