Aquistion Of Property Flashcards
Pierson v. Post takeaway
Post hunted fox w/ hounds. Pierson was aware of the chase and killed fox and carried it off.
How do we dominate a animal?
By actually depriving it of its natural Liberty , pursuit and intent does not give one a legal right to an animal
What does ownership include?
The right to possess, the right to own, the right to sell, the right to give and the right to destroy
Ghen v. Rich
P was in whale hunting business. The standard was to shoot whale, it would sink and then 3 days later float up. D found whale washed up 3 days later and auctioned it. This case shows domination by usage of the local custom
Protection of property
It is a landowner’s right to exclude others from his/her land, but the right is hollow if the legal system provides sufficient means to protect it
Three elements of capture
1) intent
2) manifestation of intent
3) domination (deprivation of liberty)