Original Acquisition

Question 1

what is appropriation

Answer 1

• unilateral taking of possession by acquirer
• possession does not belong to anyone
• capable of ownership
• intention to be owner

Question 2

appropriation applies to

Answer 2

1. res nullius ( never owned)

2. res derelictae ( previously owned and now abandoned)

Question 3

appropriation requirements

Answer 3

• sufficient and effective physical control

- intention to be the owner

Question 4

legal question when it comes to appropriation

Answer 4

• was there sufficient and effective control

Question 5

consequences of appropriation

Answer 5

• acquirer becomes owner

Question 6

Reck v Mills on appropriation

Answer 6

• appropriation possible
• shipwrecks res nullius
• anyone who establishes requisite possession can be owner
• physical control most important requirement

Question 7

Reck v Mills on Posession

Answer 7

• most important requirement
• must be exclusive
• sufficient and effective
• rope and buoy insufficient to establish control
• only occupant must be able to deal with subject at will

Question 8

Specificatio definition ( Manufacture)

Answer 8

• new product
• materials belong in whole or in part to another
• no consent

Question 9

specificatio consequences

Answer 9

• if belong to another and permission then agreement governs ownership
• if no permission then specificatio and person will become owner
• previous owner may have claim against new owner

Question 10

specificatio requirements

Answer 10

• use irretrievably changes form, nature and chemistry of things
• a new product is intended

Question 11

confusio and commixtio (mingling and mixing)

Answer 11

• similar things
• more or less equal value
• belonging to different owners
• mixed without consent
• become inseparable ( liquids)
• indeterminable (solids)

Question 12

mingling and mixing occurs when

Answer 12

• mixing occurs without consent

- cannot be restored to original state identified

Question 13

consequences of mingling and mixing

liquids and solids

Answer 13

• liquids co ownership in undivided shares
• each owners portion must be legally separated before vindicated

solids: ownership does not change, vindicate proportionate share
- money cannot be vindicated