Snow is described as being ‘atmospheric water vapour frozen into ice crystals’. It cannot be owned in the air and there is no law on ownership of snow when it hits the ground. This leads to the assumption that snow is res nullius and title can be acquired by occupatio. The test for this is taking possession of the thing, whilst having the intention of becoming the owner of said thing. Therefore, when Looby Loo uses the snow to make her snowman she fulfils the first part of the test, and she is originally intending for the snow to make herself a snowman, fulfilling the latter provision of the test. Thus, taking ownership of the snow.
Carrot
The carrot is co-owned by Bill and Ben and they share it equally. The Family Law (Scotland) Act 2006 Section 25 (1)(b) defines cohabitants as ‘two persons of the same sex who are (or were) living together as if they were civil partners’. …show more content…
Specification is where materials, belonging to others, are used to make a nova (new) species. The creation of something new is essential in deciding if specification has transpired. The example of using wood to create a boat is used by Viscount Stair. We can see that adding snow, a carrot and two pieces of coal together has created a snowman, a new species. There is no need for the change to be irreversible in order to constitute specification, as discussed previously, they can easily be separated. This would only affect the ownership of the newly created snowman.
If we assume that the snowman is a result of specification then Looby Loo, Bill and Ben would be co-owners, the snowman is common property. This is because the materials can be taken back to their original state, meaning that title is acquired by the owner of the materials. As they each own a portion of the materials they must share ownership of the snowman as a whole. Despite this, it is possible for the parties to reach an agreement as to who gains title.
Carrot
The carrot is co-owned by Bill and Ben and they share it equally. The Family Law (Scotland) Act 2006 Section 25 (1)(b) defines cohabitants as ‘two persons of the same sex who are (or were) living together as if they were civil partners’. …show more content…
Specification is where materials, belonging to others, are used to make a nova (new) species. The creation of something new is essential in deciding if specification has transpired. The example of using wood to create a boat is used by Viscount Stair. We can see that adding snow, a carrot and two pieces of coal together has created a snowman, a new species. There is no need for the change to be irreversible in order to constitute specification, as discussed previously, they can easily be separated. This would only affect the ownership of the newly created snowman.
If we assume that the snowman is a result of specification then Looby Loo, Bill and Ben would be co-owners, the snowman is common property. This is because the materials can be taken back to their original state, meaning that title is acquired by the owner of the materials. As they each own a portion of the materials they must share ownership of the snowman as a whole. Despite this, it is possible for the parties to reach an agreement as to who gains title.