Basic Concepts- Interests Flashcards
Correlative Interests
Right : Duty
Privilege : Absence of Right
Power : Liability
Immunities : Disabilities
Right : Duty
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
Pirvilege : Absence of Right
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.
Power : Liability
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
Immunities : Disabilities
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
Common Law Person Property Actions
- 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
Common Law Real Property Actions
- Action for damages (trespass)- similar to trover, but for real property
- Action for possession (ejectment)- similar to replevin, but for real property