Property I Outline

Property Outline

First Possession: Acquisition of Property by Discovery, Capture, and Creation
Acquisition by Capture
· Pierson v Post- hunting the fox
o Occupancy: intent to appropriate for individual use, deprive of natural liberty, certain control à for wild animals
o Intent to appropriate
o Deprive of natural liberty
o Certain control
§ Does not involve physical possession, pursuit alone is not enough
o pursuit alone is not enough
o Rationale for majority rule: certainty, minimize quarrels, peace & order
§ need to look @: custom, other courts and effect of potential new law when creating new law à public policy
· Keeble v Hickeringill- ducks and shooting à malicious inference w/trade
o Difference between constructive competition compared to destructive competition
§ Want competition that furthers societal goals and the benefit to society à can be no malicious interference in this trade
§ If one is striving for a socially desirable goal and another person is impeding that it doesn’t matter what the mental intent is it is considered malicious
§ Can open up a business just for spite, but as long as do it in a way that is competing for a socially desirable goal it is fair competition
§ Public lens: Hickeringill was not promoting PRODUCTIVE competition but DESTRUCTIVE competition. He had no intent to appropriate; only to scare off. Different than Post in rule and different in public policy.
§
· Notes and Questions
o Ratione Soli (East Coast Rule): owner of the land has constructive possession of the wild animals on his land, have doctrine to discourage trespass on the east coast
o West Coast Rule: Unless you post that you cant trespass or hunt then a person is allo