T8: property law

Question 1

Personal rights

Answer 1

Held against one or more person, survive insolvency and enforced against a particular person

Question 2

property rights

Answer 2

held against a property object, survive with insolvency and enforced against the whole world

Question 3

Ownership

Answer 3

bund of rights= transfer of ownership does not mena transfer of all rights

right to possess
right to use and enjoy property object
right to exclude others from useing
right to transfer property object and recieve proceeds
right to abandon or destroy

Question 4

title

Answer 4

full entitlement of bundle rights (carry burden + beenfits of ownership)
> legal justification for particular ownership right
> evidence of an ownership right

Rule1 (1): with no conditional contract, property in the goods pass to buyer with contract being made
(2) : immaterial whether time of payment or delivery is postponed
Rule 2: if contract, goods delivered in a deliverable state
A) rights don’t pass onto buyer unless the thing is done
b) buyer has notice that it is completed

Question 5

Nemo dat rule

Answer 5

No person can give a better tittle to goods that they have
e.ge seller never had property rights to sell
seller no longer had ny property rights to sell

Question 6

Real property

Answer 6

Land: surface + fixtures (intended to be perma attached to land or building)
Estates in land = extent to rights which you can use and enjoy the land, freehold estates, freehold life estates and leasehold estates
interests in land = easements; right of way and mortages

Question 7

Personal property

Answer 7

Choses in possessions = tangible, chattels, enforced by taking possession
Choses in action = intangible, receivable, patent, copyright and enforced by legal actions