Please enable JavaScript.
Coggle requires JavaScript to display documents.
Law 141 Online Test (Property (Justifications (Locke (deserve due to…
Law 141 Online Test
Property
relationships people have to and through things
ownership
exclusive enjoyment/greatest interest
possession
physical control
Title
property in, relative
Judge approaches
recognised category test
ainsworth test (transferability)
Statutory approach
fit inside already defined category
Justifications
Locke
deserve due to labour
Commons/economic
incentive to increase limits
Personality
part of human flourishing
Classifications of Common law
Procedural
rules enforcing rights and duties
Substative
establish rights and duties
Public
Criminal
Revenue
Constitutional
administrative
Private
contract
voluntarily assumed right
tort
civil wrongs
Property
Against the world
Equity
where a remedy couldn't be fairly obtained
takes precedence over common law
Family
Restitution
unjust enrichment
Obligations
against a person
contract, torts and restitution
Estates
right to use and enjoy land
interests
easements
profit-a-prendres
mortgage
license
legal and equitable ownership on same land possible
Doctrine of Tenure
crown the ultimate owner of land
NZ= no allodial land
Nemo Dat rule
can't confer better title than you have
Torrens system of registration