*I. Property as Legal Concept-Natural Resources- Wild Animals

Question 1

When does un-owned animal become owned?

Approaches:

Answer 1

i) Mere Pursuit rule (seeing): pursuit is not enough for ownership
ii) Capture rule: literal capture almost certain (mortal wound/depriving of liberty): equitable w/o deterring kill since almost certain that it will be killed anyway

Question 2

(1) Pierson v Post:

Answer 2

Post pursued fox w/o injuring; Pierson killed/claimedPierson has rightful claim

(a) Dissent: Post had intention and reas. prospect of converting for own use (and Pierson knew)
iii) Kill/Physical Capture rule: encourages killing foxes: decreases numbers; inequitable

Question 3

i) Ghen v Rich:

Answer 3

Abandoned (conscious intention to relinquish prop right) or lost (didn’t intend to relinquish; still retain right)

i) Custom can imply non-abandonment
(1) “fast fish / loose fish”
(2) F: G killed whale; custom: when whale washes up, finder finds killer; finder sold to RG’s
(3) to treat this as abandonment would be to destroy whaling industry