Final Gifts, Possession Flashcards
what is the rule of capture with a wild animal and what case does that come from?
the hunter must POSSESS IT (Pierson - fox case) (First in time, first in right)
what type of control is required over a wild animal?
1) physical possession
2) mortal wounding and continued pursuit
3) trapping in nets
what did the minority think that the hunter should have if they catch a wild animal in Pierson?
a reasonable prospect of taking it
when there’s an industry custom and it would hinder the industry, what are a person’s rights and what case is that from?
they can claim property rights if they took the proper steps to secure as the custom states (GHEN)
what is Gray’s rule and what case is that from?
that possession of a baseball occurs when the person has COMPLETE CONTROL of the ball at a time when both the ball’s momentum and the person’s momentum has ceased (POPOV)
what is the rule of capture of oil?
it’s migratory, able to move on its own and a shared resource and therefore, it belongs to you until it moves.
what is constructive possession and what is another name for it?
RATIONE SOLE
justification for assigning property rights to landowners over resources found on their own land
what is habit of return and what is another name for it?
ANIMUS RIVERTENDI
with intention to relocate
what is the finder’s right to title for a lost item and what case is that from?
(Armory v. Delamirie - gem)
the finder has good title EXCEPT against the true owner or prior possessor
who will mislaid property goto and what case is that from?
(McAvoy v. Medina)
it will goto the founder in which it was found
who will gain property of an abandoned item?
if the owner relinquishes possession with no intent to repossess in the future, it goes to the finder
what are the 3 elements of a gift?
1) intention
2) delivery
3) acceptance
what are the 3 types of delivery for a gift?
1) manual (donor physically TRANSFERS)
2) constructive (donor physically GIVES)
3) symbolic (donor PHYSICALLY GIVES SOMETHING THAT REPRESENTS THE PROPERTY)
what is the delivery requirement for a deed that is a gift?
it requires that an act that evinces an intent be immediately bound by the transfer
what are the ways that a deed can be delivered for a gift?
1) can be delivered by words
2) does not need to be physically handed over
