OUTLINE WILD ANIMALS: RULE of CAPTURE = Ownership of a wild animal is given to the first person to kill, capture, or mortally wound it. Here, A will argue… B will argue… RULE OF ESCAPE = If a wild animal escapes from the possession of another, the wild animal is subject to the rule of capture once again. Here, A will argue… B will argue… ANIMUS REVERTENDI = If a wild animal leaves the possession of another, but exhibits the habit of return, then the person does not lose ownership of the animal when it is not in the person’s actual possession. Here, A will argue… B will argue… RATIONE SOLI establishes in a landowner or lessee the exclusive rt to hunt wild game located on the property owned or leased by the person, subject only to the state’s gaming regulations. Here, A will argue… B will argue… INTERFERENCE = A person may not maliciously interfere with trade. Competitor may, without suffering liability, interfere w a person’s attempt to capture an animal if the competitor intends to capture the animal for himself. Here, A will argue… B will argue… LAW OF FIND Relativity of Title: 1) A finder of property has title relative to her placement in the sequence of possession. Here… (example) B may have found the coin, but if A is considered the true owner, B’s claim for possession is lower than A’s. A’s statement that she did not know whose coin it was may help prove that she did not lose, mislay, or abandon the coin herself. However, the statement does not prove that the coin was not lost, mislaid, or abandoned by someone else. Lost Property (LP): 1) Lost property is property involuntarily separated from its owner. 2) A finder of lost property has highest claim to all except the true owner and prior possessors. 3) There are several exceptions under which a landowner will generally have a higher claim to LP than finder: a. The object is found buried or embedded in the soil b. The landowner is in actual or constructive possession of the home where the object is found c. The finder is a trespasser d. The finder is a licensee or employee with the duty to report the find. Here, A will argue…… B will argue….. Mislaid Property (MP): Mislaid property is property voluntarily left by its owner, but which the owner cannot now find. MP is awarded to the landowner. Here, A will argue… B will argue… Abandoned Property (AP): Abandoned property is property over which the owner has relinquished all rts and claims, but title to which has not yet vested in another. Abandoned property is awarded to the finder. To show abandonment, cts look for whether the original owner had intent to abandon & engaged in conduct consistent w/ abandonment. Here, A will argue… B will argue… Treasure Trove: Treasure trove is money (gold, silver, coins, bullion, and sometimes paper currency) that has been buried in the earth or some other private place for so long that the original owner is likely unknown or dead. In England, TT goes to the Crown. Some American jdns award to the finder, and other jdns to the landowner. Some jdns have rejected doctrine of TT altogether and award based on the laws of lost and mislaid property. Here… A will argue. B will argue. LAW OF GIFT: A gift is the voluntary transfer of property from one person (the donor) to another person (the donee) without payment of consideration. GIFT INTER VIVOS (GIV): GIV is a gift made during a person’s lifetime without threat of impending death. GIVs are irrevocable and vest immediately in donee. A valid GIV has 3 elements: donative intent, acceptance, and delivery. Donative Intent: First, for donative intent, the donor must intent immediate passage of title, even if the donee will not take possession of the gift until a later date. Here, A will argue…… B will argue…. Acceptance is often presumed, especially where the gift is of value or where donee has not rejected the gift. Proof of acceptance can also be shown by donee’s exercise of control over gift. Here, A will argue… B will argue… Delivery requires that the owner be divested of dominion and control over the object. It can be accomplished in 3 ways: physical, constructive, and symbolic. - For physical delivery, generally if a chattel can be handed over, it must be. Redelivery is not required. - Constructive delivery is the delivery of an object that gives access to the subject matter of the gift, such as a key. - Symbolic delivery is the delivery of an object that is meant to represent the gift, such as a writing (deed of gift) that describes the gift, identifies the donee, and identifies the donor’s intent to make present transfer of the property. Here, A will argue… B will argue… GIFT CAUSA MORTIS (GCM): GCM is a gift made while a person is in fear of impending death. GCM is revocable before death. Title passes immediately, but is conditional upon death of the donor. There are 5 elements to a valid GCM: the same first 3 elements as GIV, plus (4) donor must have a disorder that makes death imminent or be in peril that threatens death, and (5) donor must actually die from the disorder or peril. Here, A will argue… B will argue… LAW OF BAILMENT A bailment is the delivery of PP to another (the bailee) Without loss of title by true owner (the bailor) And usually for a specific purpose Elements: 1. Delivery of custody and control 2. Acceptance: To constitute a voluntary bailment, the bailee must accept the obligation to act as the bailee. If he declines, he has no legal responsibility over the property. 3. Express or implied agreement over disposition of property. (FACTS TO SHOW ON EXAM) 1) Tangible / intangible property 2) In rightful and legal possession of bailee, but bailor still has title 3) Specific purpose 4) Delivered when _________ 5) Bailee has custody and control of item bc _______________ 6) Acceptance when ________________ 7) Agreement when ________________
