Cases: Common Law

Question 1

White v. Samsung Electronics America, Inc. (9th Cir., 1993)

Answer 1

Wheel of Fortune Robot Lady Case: common-law right of publicity can protect a celebrity’s identity from unauthorized commercial exploitation. White won by showing the Samsung had appropriated her identity

Question 2

Pierson v. Post (1805 fox case)

Answer 2

Supreme Court of NY held that the person who seizes or mortally wounds a wild animal has ownership over it. Pursuit alone is not sufficient. Pierson wins

First possession approach, the rule of capture says that the one who takes possession of the animal has the right to it.

Question 3

State v. Shack
(NJ, 1971)

Answer 3

The ownership of real property does not include the right to refuse access to individuals providing government services to workers housed on property.

“Property rights serve human values.”

Question 4

Jacque v. Steenberg Homes, Inc.
(Wis.1997)

Answer 4

Under Wisconsin law, a jury has discretion to award punitive damages for intentional trespasses, even if compensatory damages were not warranted and only nominal damages were awarded.

Question 5

Moore v. Regents of the Uni of CA (CA,1990)

Answer 5

Once cells leave a patient’s body, they are no longer that patient’s property.

Question 6

Johnson v. M’Intosh
(1823)

Answer 6

Land title transfers are only valid when made under the rule of the currently prevailing government. Indian title transfer is invalidated due to a later transfer of the same land by different Indian tribe, to the govt bc Govt is Supreme.

Question 7

Sundowner, Inc. v. King

Answer 7

A landowner cannot make malicious use of their property to injure another (especially by erecting a spite fence)

Question 8

Prah v. Maretti

Answer 8

Private nuisance law can be suited for right to sunlight cases

Question 9

Eyerman v. Mercantile Trust Co.

Answer 9

A well-ordered society cannot tolerate the waste and destruction of resources when such acts directly affect the important interests of other members of that society

Question 10

Gurwit v. Kannatzer:

Answer 10

Adverse possession: possession is hostile, that is under claim of right; actual; open and notorious; exclusive; and continuous over the statutory period

Question 11

Van Valkenburgh v. Lutz:

Answer 11

A party takes adverse possession of a property owned by another when he takes actual possession of it, encloses it and/or makes improvements to it, for a statutory period of years.

Question 12

Fulkerson v. Van Buren:

Question 13

Tioga Coal Co v. Supermarkets Gen. Corp:

Answer 13

Tioga locked the gate to Agate Street and maintained the lock until 1978, when the gate was removed. Tioga sued SGC seeking to take title to Agate Street by adverse possession

Subjective hostility is not required to establish adverse possession.

Question 14

Howard v. Kunto

Answer 14

House record inaccurately described tract. Musical houses.

Rule: Adverse possession occurs when a person takes actual possession of property that is uninterrupted, open and notorious, hostile and exclusive, under a claim of right for a statutorily specified period of time.

Question 15

Armory v. Delamirie

Answer 15

A chimney sweep Π boy finds jewel & takes to goldsmith ∆ who keeps it.

Finder has a possessory property interest in the chattel which may be enforced against anyone except the true owner of the chattel.

Question 16

Hannah v. Peel (1945)

Answer 16

Army Lt. Hannah found a brooch on windowsill in Peels house. Reported to police,they hold brooch for two years. When no owner was found, the police gave the brooch to Peel (homeowner) who sold it for 66£ in 1942.

A finder of LOST chattel on another’s property has rights to that chattel superior to the rights of the property owner!

Question 17

McAvoy v. Medina (1866)

Answer 17

Customer found pocketbook in a haircuttery that was accidentally left on the table by another customer.

Mislaid property is not subject to the rule that a finder of lost property has a valid claim to the property against everyone except the true owner.

Question 18

Benjamin v. Lindner Aviation (1995)

Answer 18

Pilot engineer discovers $$$ concealed in the plane’s wing during inspection.

Property is mislaid when it is intentionally placed or concealed by an owner and later forgotten, and the property belongs to the owner of the premises where the property is found.

Question 19

Reynolds v. Bagwell

Answer 19

Violin was stolen in 1933. The Π saw ∆ had the violin in 1938. SOL= 2 years.

Adverse possession of chattels is when you hold an item for longer than the statutory limitations allow without fraud or concealment

Question 20

O’Keeffe v. Snyder (1980)

Answer 20

O’Keefe’s paintings were stolen from a gallery. (Future interest in painting).

Adopted the discovery rule: cause of action does not accrue until the injured party discovers, through due dilligence, the facts which form the basis of the cause of action

Question 21

Gruen v. Gruen (1986)

Answer 21

Father wrote letter to his son to gift painting but wanted it during life. Letter was destroyed but other letters referenced it.

Rule: A inter vivos gift of a chattel may be made where the donor has reserved a life estate in the chattel. (Letters served as instruments of gifts for Delivery requirement).

Question 22

In re Estate of Oak (2020)

Answer 22

Suicide note gifts “worldly belongings” to partner 7 suicides.

Rule: A gift causa mortis can be valid after suicide because suicide is caused by a mental illness