Basic Concepts- Interests Flashcards

1
Q

Correlative Interests

A

Right : Duty

Privilege : Absence of Right

Power : Liability

Immunities : Disabilities

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2
Q

Right : Duty

A

Right- an ability to enforce a legal claim that another person do/not do a given act

Duty- a legally enforceable obligation to do/not do some act

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3
Q

Pirvilege : Absence of Right

A

Privilege- a legal freedom to do or not do a given act

Absence of right- an absence of a legally enforceable claim that the other person shall do/not do a certain act.

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4
Q

Power : Liability

A

Power- an ability to produce a change in a given legal relation by acting or not acting

Liability- being subject to having a given legal relation changed by another person’s acting or not acting

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5
Q

Immunities : Disabilities

A

Immunity- having freedom from having another person’s act or omission change a given legal relation.

Disability- no ability to alter a given legal relation by acting or not acting

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6
Q

Common Law Person Property Actions

A
  • Trover- common law action at law for conversion to recover the value of chattel in money damages
    • Conversion of a chattel owned or possessed by the P
    • P waives his right for a return of the chattel
    • Insists that D be forced to purchase the chattel
  • Replevin- action in equity to have the converted item returned to P
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7
Q

Common Law Real Property Actions

A
  • Action for damages (trespass)- similar to trover, but for real property
  • Action for possession (ejectment)- similar to replevin, but for real property
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