Obtaining by Property (etc) By Deception

Question 1

What is Ownership?

Answer 1

Person parting with goods not only relinquishes possession to the other person but also passes on legal right of ownership of goods (title).

Question 2

Possession

Answer 2

Ex)
A person often holds possession and ownership at the same time.

However, you can possess something without having ownership (rental car).

Question 3

What is Ideal Possession? R v Cox

Answer 3

Physical Element
Physical custody/control can either be “actual/potential”

Actual
Physical custody/control

Potential
ex) storing thing at friends house

Mental
Combination of both knowledge that the person possesses the item and an intention to possess the item.

Question 4

*What is a Special Interest Lien?

Answer 4

LIEN - right over another’s property to protect a debt charged on that property

Ex) Garage owner had a “contractor’s lien” over the goods until the debt was paid or he voluntarily parted with the goods.