Law of Capture Flashcards
1
Q
Law of Capture
Pierson v. Post (wild animals)
A
Pursuit alone ≠ property. Animal MUST be physically taken.
2
Q
Law of Capture
Popov v. Hayashi (Baseballs)
A
Theory of equitable division: when one party is not involved in the attack, –> award is split between both parties.
3
Q
Law of Capture
Elliff v. Texon Drilling Co. (Natural Resources)
A
Once gas and oil are reasonably drained from an individual’s property, –> no longer theirs. BUT negligent waste and destruction under law of capture is recoverable (EXCEPTION).
4
Q
A
