1 / 29

To Sign On

To Sign On. http://www.blackboard.com/courses/91_132. Http://www.blackboard.com. Pierson v. Post. Can you identify Pierson and Post?. Tally Ho!. The Breakfast Toast. Pierson v. Post. Action of trespass on the case Post, with dogs and hounds, chases a fox on a beach.

iren
Download Presentation

To Sign On

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. To Sign On http://www.blackboard.com/courses/91_132

  2. Http://www.blackboard.com

  3. Pierson v. Post

  4. Can you identify Pierson and Post?

  5. Tally Ho! The Breakfast Toast

  6. Pierson v. Post • Action of trespass on the case • Post, with dogs and hounds, chases a fox on a beach. • While hunting the fox, Pierson, knowing Post was hunting the fox, shoots and kills the fox • Post sues Pierson • Verdict for Post • Pierson seeks writ of certiorari

  7. State v. Shaw • Facts: • State appeals the acquittal of the defendant in a criminal trial • Defendant charged with theft of fish that were in the possession of Grow and Hough • Grow and Hough had set nets with an opening through which fish entered but could also exit. • Defendants apparently took both the fish and the nets • Issue: • Were the fish in the possession of Grow and Hough such that defendant’s taking of the fish was theft?

  8. The Law of Finders • A finder has good title against all the world but the true owner • Is this true, consider the next case Armory v. Delamarie

  9. Favorite v. Miller • Miller without permission entered on to Favorite’s land and found the head from the statue of George III • Miller agreed to sell the head to the Museum of the City of New York, which is withholding the purchase price pending outcome of this suit • Favorite claims title to the property as owner of the locus in quo

  10. Favorite v. Miller • At common law, how might lost property have been classified? • Lost • Mislaid • Abandoned • Treasure Trove • How are each of these distinguished? • What criteria is used to determine into which of these categories the found property fits? • Intent of the person who lost it.

  11. Favorite v. Miller • How is the property in this case classified? • If classified as lost, shouldn’t the finder win? • Public land • Private land • Not reward a trespasser

  12. Benjamin v. Lindner Aviation, Inc. • What are the facts of this case? • How is this case different from the other cases we have discussed? • Should that difference make a difference? • What about the court’s argument regarding the legislature’s intent?

  13. Hurley v. City of Niagara Falls, New York • What are the facts of this case? • What does the NY Statute provide that is relevant to the outcome of this case? • How do the majority at the Appellate Division and the dissenters at the Court of Appeal differ regarding the interpretation of the New York statute? • Who, in your opinion, has the better of the argument?

  14. Test Your Skills • O owns a watch, but loses it. A finds the watch, but loses it. B finds the watch • If A sues B who wins? • Now suppose A steals the watch from O and then loses it. B finds the watch • A sues B, who wins? • What if B stole the watch from A. • A, the thief, sues B the thief. Who wins?

  15. White v. Samsung Electronics America, Inc. • What are the facts? • Here again we have multiple opinions in the same case. How do the judges differ?

  16. White v. Samsung Electronics America, Inc. • Defendant uses the plaintiff’s identity • Defendant appropriates plaintiff’s name or likeness to defendant’s advantage • Lack of consent • Injury • Majority sees point two as merely illustrative of type of appropriation that results in use of plaintiff’s identity • Dissent sees majority as expanding, inappropriately, the right of persons to claim property interest in a character, not themselves

  17. Mario Zacchini on right Died at age 87 The Human Cannonball

  18. Kass v. Kass • What are the facts of this case? • What does the court hold? • Should people be free to enter into contracts regarding their embryos? • To what extent does the court view an embryo as “property” • If the embryo were brought to term, should the biological father be liable for child support?

  19. Property in Body Parts • To what extent would deposited sperm or eggs remain the property of the depositor? • To what extent do you have a “property right” in your organs? • To what extent do you (or another) have a property right in your body?

  20. The Law of Gifts-The Operative Principles • Intent • Delivery • Actual • Symbolic (Letter etc.) • Constructive (keys) • To Donee • To Third party • As agent • As trustee • Acceptance (Presumed)

  21. Gruen v. Gruen • What are the facts of this case? • What was the precise nature of the gift?

  22. Attributes of ownership (sticks in the bundle of property rights): Right to possess Right to sell Right to mortgage Right to gift Right to bequest O

  23. O conveys to A for life, then to B

  24. Attributes of ownership (sticks in the bundle of property rights): Right to possess Present Interest A Future Interest B

  25. Attributes of ownership (sticks in the bundle of property rights): Right to possess Right to sell Right to mortgage Right to gift Right to bequest B

  26. Gruen v. Gruen • What was Gruen’s lawyer’s concerns? • How did the lawyer purport to resolve those concerns? • Why didn’t these actions taint the gift? • What kind of delivery was made in this case? • Was it sufficient to make a gift?

  27. Problems • 5-9 on page 127

  28. Foster v. Reiss • What are the facts of this case? • Does the majority dispute intent, delivery or acceptance? • What about the minority? • Where is the point of departure?

More Related