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Property Law > Goods > Flashcards

Goods Flashcards

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1
Q

What is property?

A

Special rights a person has in respect of a certain things - proprietary rights.

A relationship between you and a thing.

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2
Q

What are the defining characteristics of having property?

A

A relationship involving rights of excludability and transferability.

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3
Q

How are humans an example of how property can change?

A

People used to be able to be property (slavery) but this is no longer the case. The thing (people) hasn’t changed but the relationships you can have with the people has changed.

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4
Q

What are four key features of having property rights?

A

Ability to:
- gift
- share
- sell
- exclude others from it

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5
Q

What are some examples of things that cannot be property?

A
  • Clouds
  • The sky
  • Pure information – generally not considered in law to be property
  • Jobs (may have personal rights but not property rights)
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6
Q

How does something become property?

A

There is no definitive list, it all depends on a particular society at a particular time. It is constantly changing e.g.
- Originally leases were not seen as property rights
- It became more socially accepted that tenants should get more rights in respect to the leased property - have ability to exclude other people etc.

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7
Q

How strong or weak are property rights?

A

It has been accepted for a long time that property right are strong and are rarely extinguished.

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8
Q

In general, are property or personal rights better? Example?

A

If you have a property right in relation to something you will generally be better off than someone who has a personal right to that same thing.

Example:
- Trader who sellscomputersto a retailer
- The retailer goes insolvent and cannot pay back it all
- You have to then rely on thecontracturalobligation forpayementbecause of personal rights
- However if the trader leased the computers until finalpayementthey still have proprietary rights and can claim them back
- Here the proprietary rights beat the personal rights

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9
Q

Do we still apply equitable rules today?

A

Yes.

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10
Q

What are goods?

A
  • For nowinterchangablewith chattels
  • Things like pens, books, computor etc.
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11
Q

What is the nemo dat principle?

A

You cannot have a better property interest than the person you got them from.
You can’t give what you don’t have, when selling a right, you cannot sell more than you have.

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12
Q

Are property rights each one individual right?

A

No, they are a bundle of rights.

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13
Q

What is real property/realty?

A
  • Land
  • Morgadges
  • leases
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14
Q

What is personal property/personality?

A

Everything else that is not realty - stuff you can “move”.

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15
Q

What are are examples of tangible personal property?

A
  • Book
  • Phone
  • Personal property you can touch
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16
Q

What are are examples of intangible personal property?

A
  • Copyright
  • Shares
17
Q

What is the concept of relativity of title?

A

If you have few rights they may be good against one person but not against someone else with more rights.

Example:
A finder may have more rights than a thief who tries to steal it but will have lesser rights against the true owner.

18
Q

How / why is property a bundle of rights?

A

Multiple people may have distinct proprietary rights in the same thing.

I.e. Someone can give out some of their rights, limiting their own while still holding the ownership right - e.g. renting out a house to someone else

19
Q

What are goods/chattels?

A

Tangible personal property.

20
Q

What source of law do you rely on to claim your rights have been breached?

A

Private law – torts (Common Law creation).

21
Q

What does the common law protect?

A

Posession - Common law torts are far more focused on possession rather than ownership.

22
Q

What are the three major property torts we look at?

A
  • Trespass
  • Conversion
  • Detinue
23
Q

What does trespass protect?

A

Unlawful interference with possession.

24
Q

What is possession?

A

Generally: when someone has physical control oversomethingand the right to exclude others.

Key question:
- does the person who has control over the particular chattels have sufficient control for a reasonable person to be said to be inpossession?

25
Q

Can you have possession over something you are not physically controlling?

A

Yes, e.g.cutleryat a dinner party – host would be sociallyacceptedas inpossessionof all thecutlery

26
Q

What is possession as a social fact?

A

The extent of control recognised as appropriate in the circumstances.

27
Q

Do you always need to have physical control over something to have possession?

A

No, think cutlery at restaurants.

28
Q

What is right to immediate possession?

A
  • Question of law
  • When an owner has retained their right to possess their thing when they don’t have physical control of it.
29
Q

Elements of trespass

A
  • Plaintiff in possession
  • Intentional act by defendant
  • Intentional law is unlawful interference
30
Q

Who can rely on trespass?

A

Anyone with possession, including thieves etc.

31
Q

Examples of trespass

A
  • Theft
  • Taking, removing, damaging property
  • Asporation (carrying away something)
  • Destruction of goods
32
Q

When someone lends something at will, who is in possession?

A

The lender remains in possession and are the one who is allowed to sue. Is this right??????

33
Q

Consequences of trespass

A

A) Compensation for loss/damage to property
- Returning impacted party to state before the trespass

B) Cinsequential damages: Thurston v Charles
- Covers flow-on costs
- Charles – further talking to employer, damage to job etc

C) Vindictory charges: trespass is actionable per se – without loss
- At least for asporation/taking away
- Ample intentional touching of a chattel causing no damage is less settled
- Case of woman with note that was read, her privacy breached - Charles

34
Q

Elements of conversion

A
  1. Unlawful interference to the plaintiff right to immediate possession
  2. Defendant’s intentional act or dealing with the chattel
  3. The act of dealing was inconsistent with the plaintiff’s continuing right in the goods
35
Q

What sort of act is a conversion?

A

Blackburn J Hollins v Fowler at CM 13:
“I own it is not always easy to say what does and what does not amount to a conversion”

Lord Nicholls in Kuwait AC v Iraqi AC at [39]:
“Conversion of goods can occur in so many different circumstances that framing a precise definition of universal application is well nigh impossible”

36
Q

What are the consequences of conversion?

A

Damages:
- General approach is loss/damage based
- Value of the chattel at the time of conversion
- May keep the chattel: a fictional sale
- Consequential damages also available

37
Q

What does conversion protect?

A

Right to immediate possession.

Property Law (17 decks)

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