Goods

Question 1

What is property?

Answer 1

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

A relationship between you and a thing.

Question 2

What are the defining characteristics of having property?

Answer 2

A relationship involving rights of excludability and transferability.

Question 3

How are humans an example of how property can change?

Answer 3

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.

Question 4

What are four key features of having property rights?

Answer 4

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

Question 5

What are some examples of things that cannot be property?

Answer 5

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

Question 6

How does something become property?

Answer 6

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.

Question 7

How strong or weak are property rights?

Answer 7

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

Question 8

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

Answer 8

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

Question 9

Do we still apply equitable rules today?

Answer 9

Yes.

Question 10

What are goods?

Answer 10

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

Question 11

What is the nemo dat principle?

Answer 11

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.

Question 12

Are property rights each one individual right?

Answer 12

No, they are a bundle of rights.

Question 13

What is real property/realty?

Answer 13

• Land
• Morgadges
• leases

Question 14

What is personal property/personality?

Answer 14

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

Question 15

What are are examples of tangible personal property?

Answer 15

• Book
• Phone
• Personal property you can touch

Question 16

What are are examples of intangible personal property?

Answer 16

• Copyright
• Shares

Question 17

What is the concept of relativity of title?

Answer 17

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.

Question 18

How / why is property a bundle of rights?

Answer 18

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

Question 19

What are goods/chattels?

Answer 19

Tangible personal property.

Question 20

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

Answer 20

Private law – torts (Common Law creation).

Question 21

What does the common law protect?

Answer 21

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

Question 22

What are the three major property torts we look at?

Answer 22

• Trespass
• Conversion
• Detinue

Question 23

What does trespass protect?

Answer 23

Unlawful interference with possession.

Question 24

What is possession?

Answer 24

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?

Question 25

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

Answer 25

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

Question 26

What is possession as a social fact?

Answer 26

The extent of control recognised as appropriate in the circumstances.

Question 27

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

Answer 27

No, think cutlery at restaurants.

Question 28

What is right to immediate possession?

Answer 28

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

Question 29

Elements of trespass

Answer 29

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

Question 30

Who can rely on trespass?

Answer 30

Anyone with possession, including thieves etc.

Question 31

Examples of trespass

Answer 31

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

Question 32

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

Answer 32

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

Question 33

Consequences of trespass

Answer 33

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

Question 34

Elements of conversion

Answer 34

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

Question 35

What sort of act is a conversion?

Answer 35

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”

Question 36

What are the consequences of conversion?

Answer 36

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

Question 37

What does conversion protect?

Answer 37

Right to immediate possession.