Lectures Flashcards
Joly v Pelletier
C claimed to be martian, thus he is not a legal person and has no standing
Caratun v Caratun
licence to practice dentistry; not a subject of property, not assignable
Janicki v Hospital of St Raphael
Stiilborn foetus dissection; quasi-property
Doodeward
If dead body was subject to work and skill and has different attributes, can be property
Yearworth
Sperm = property
Davis v Australia
protection for confidential info in equity; Commonwealth overstepped its bounds by prohibiting ’88 to appear in pieces not celebrating bicentennial anniversary of Australia; information ought to be freely available
Seaboard Life v Babich
You must interfere with someone’s rights if he is to recover
International News Service v Associated Press
Copy rights to news? quasi-property as between competing newspapers
Victoria Park Racing v Taylor [AU]
you can’t have property in a spectacle
Breen v Williams
no proprietorship in information as information, because once imparted by one person to another, it belongs equally to them both; test: against who it can be enforced?
Possession
Control (factual possession) + intention to posses
Young v Hitchens [1844]
D rowed inside P’s net and caught fish; D is sued; C loses.
C claims he had possession of fish but for D; C would have acquired possession but C did not catch the fish; D not liable in tort of interference.
State of Ohio v Shaw [1902]
D charged with theft of fish from unattended nets in Lake Eerie; C had possession of nets even though nets were unattended.
Held: despite the fact that fish were escapable, C had sufficient control of fish to amount to possession.
JA Pye (Oxford) Ltd v Graham HL
Owner refused to renew grazing licence to G; G continued to use land to graze and cut hay; G willing to pay for new grazing licence if asked; G claimed right to be registered as owner of land based on 12 years of adverse possession.
Flack v National Crime Authority
Police searched Flack’s home, found $433,000 in cash in a closet, and seized it; she did not know the cash was
She had possession, Money was in a closet in her private home; she had a key to that closet – she decided who to admit, she controlled that space and things within that space.
Armory v Delamirie
Chimney sweeper’s boy (Claimant) finds jewel; Delivers it to goldsmith’s apprentice (D) for appraisal; Apprentice removes gem stones; D guilty of trover, C had better (earlier) title
Costello v Derbyshire Constabulary
“the fact of possession of a chattel of itself gives to the possessor a possessory title and the possessor is entitled to rely on such title without reference to the circumstances in which such possession was obtained”
Waverley Borough Council v Fletcher
Why did the owner of a public park have a better right to the brooch?
Park open to the public; not free to dig in the ground; if he had found brooch on the ground, Fletcher would have won (Parker v British Airways).
Nemo Dat
no one can give what he or she does not have; exception: money used as currency (in notes)
Registered Land
– registered under Land Registration Act 2002
What you’re registering is in the registrar – registering a lease, easement etc.
– unregistered interests
• e.g. short lease; leases perfectly valid legally (but are unregistered interests)
• e.g. equitable interest under a trust
Unregistered Land
Someone may have a lease but land is not in the registrar.
– not registered under Land Registration Act 2002
– Land Charges Act 1972
• register of certain interests in unregistered land
• e.g. estate contract
• e.g. restrictive covenant
Tenure
The (form of) right or title by which, or conditions under which, land or buildings are held
Estate
The interest that a person has in land or other property
Tenure today
- Tenure means that formally:
o The Crown owns the land
o Private owner are tenants of the Crown
Morris
land and chattels; fixture does become part of the land once it is fixed.
Types of Leases
- Fixed term
- Periodic
- Tenancies at will
- Lease by estoppel
Leek and Moorlands Building Society v Clark
Periodic tenancies are tenancies that are granted on a yearly, monthly, weekly or indeed any other periodic basis; they continue from period to period indefinitely until determined by notice to quit; usually occur when no written agreement
Tenancy at will
exists where the tenancy is on terms that either party may determine it at any time; can be terminated simply by asking the tenant to leave, or by serving possession proceedings and no special form of notice is required
Lease by estoppel
Where a person has been granted a tenancy both he and the landlord are estopped from denying its existence. The landlord cannot derogate from the tenant’s grant and the tenant cannot dispute the landlord’s title, even though the landlord has no interest in the land
