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3 Cards in this Set
- Front
- Back
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General Concept of Property |
Right to a thing good against the world bundle of rights Legal Positivism- property rights exist if recognized by legal system Natural Law Theory- rights arise in nature as matter of fundamental justice Labor Theory- fruits of labor Utilitarianism- property as a means to end Sovereignty- if you don't have those rights-- then can't do anything |
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Acquisition Through Capture |
- Wild animals are obtained only through physical possession (kill/capture) - Must actually possess a wild animal in order to have some property rights to it. Pursuit alone not enough. Mortal wounding of animal or trapping or intercepting of animals to deprive them of their natural liberty is occupancy (Pierson-Pierson killed fox that Post was spotting) - Exception- (Ghen- whale capture case- harpoon) When all that is practicable in order to secure a wild animal is done, it becomes the property of the securer who has thus exercised sufficient personal control over wild animal - Exception (Keeble- P owned land that had decoy pond on it- D intentionally shot gun) Malicious interference with trade (another person's livelihood) not acceptable means to end of capture BUT if done by same employment- there lies no action |
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Ratione Soli |
You own wild animals that wander onto your land. Wild animals were considered to be in the constructive possession of the landowner |
