SYSTEMS AND CONTEXTS OF LAW PART 2 - PROBLEM SOLVING Terms in this set (32) What is the acronym for legal problem solving ? I- issue R- rule A- application C- conclusion What first steps should you ask when tackling the question ? -Identify who is the

SYSTEMS AND CONTEXTS OF LAW PART 2 - PROBLEM SOLVING Terms in this set (32) What is the acronym for legal problem solving ? I- issue R- rule A- application C- conclusion What first steps should you ask when tackling the question ? -Identify who is the owner? (rules of ownership, Nemo plus rule, deed registry) - Is there a valid contract of sale? if so, is it executory! (delayed delivery; can be both sides) - recall all the rules that can be applied to the question Main ones; ACCESION, NEMO PLUS, CONSUMPTION, RISK What happens if there's no valid contract of sale? VOID- no claim or contractual remedies buyer cannot get their money back at all. What are the circumstances making a contract void? Object is not in existence AT THE CONCLUSION OF CONTRACT. Contract for immovable property is verbal. RISK TRANSFER 1 ; when contract is imperfect but object is completely destroyed? The risk transfers from buyer back to seller. RISK TRANSFER 2 ; when contract is imperfect and object deteriorates ? The risk transfers from seller to buyer. Meaning the buyer bears all damage or loss and thus has no claims contractual or UE. RISK TRANSFER 3; When contract is PERFECTED who does risk transfer to ? The risk transfers from buyer to seller, SUBJECT TO seller being at fault or any external agreement regarding risk. Lastly there needs to CAUSA for transfer of ownership to take place. (ei contract with dylan and skye wrong apples still belong to Sky) Is ownership stronger than good faith possessor? YES !, ownership with title deed registry trumps a good faith possessor when it comes to their property. What is the Nemo Plus Rule? Nemo Plus Rule states that ownership can only be transferred by the rightful legal owner of the property. SYSTEMS AND CONTEXTS OF LAW PART 2 - PROBLEM SOLVING What is the general rule of risk transfer {RES PERIT domino} ? Res Perit Domino relays to the general rule that the owner bears the cost of the damage to, or loss of, the thing: res perit domino (the owner bears the risk). PROPERTY RULE 1 ; Rule of Accession Accession refers to rule that a building built (immovable property- Apon separation) on someone else's land accedes to owner's land. meaning the owner now possesses ownership of that house. TWO FOLD test 1) loss of identity 2) separable in the eyes of law PROPERTY RULE 2 ; Rule of Consumption; ACCESION OF FRUITS - This is an Exception to the rule of Accession. - Here a proven good faith possessor, can be prevent to be an owners of the fruit born by the land subject to it being, separated from the land, stored and intended for consumption/ sale. Consumption Rule; What is the exception to the good faith possessor having ownership of fruits? The rightful owner of the land the fruits acceded to can claim the value of unconsumed fruits. Claim in Rem; Rei Vindicatio. What constitutes a good faith possessor ? Corpus Animus INcorpeal and corpeal possession - physical control of object. mental understanding that they are the owner of object. Can a Bad Faith Possessor claim anything? NO! - bad faith refers to person knowing that it is not their object. What are the two CONTRACTUAL REMDIES? Breach of Contract & Specific Performance this is under CLAIM IN PERSONAM - full consequential loss, specification. DEFINE SPECIFIC PERFORMANCE? . It's an order of the court directing the party in a breach to carry-out a specific obligation. Can only be rewarded when there's no object in existence to carry out agreed performance. What is a claim for unjustified enrichment and when can it be applied? U E refers to the remedy to allow a party to be restored back to the original position pre contract. As the other party has been enriched at the expense of the impoverished party. - CAN ONLY CLAIM IF THERES NO VAILD CONTRACT FOR CONTRACTUAL REMEDIES. What are the various umbrella claims to state when answering a question? CONTRACT LAW , LAW OF OBLIGATIONS. REM, PERSONAM How to tackle an issue where seller is insolvent/ liquidated / bankrupt? When seller is insolvent a buyer may still claim in personam (if ownership not transferred as yet not delivered as of yet?) * Claim in rem or rei Vindi if object delivered and you as buyer has ownership. The buyer will be ranked in position amongst the sellers' debtors and will be afforded a portion of his estate according to the value of object. What is the rule of accession in the instance of a GFP's claim against the owner? GFP may claim in personam in Unjustified enrichment for outlay costs of a house built or paid for with their own money on the owners land. What is Occupatio ? This is a type of original acquisition in which someone occupies a property that is not owned by anyone. IMPORTANT OBSERVATION Performance of a void contract gives rise to a claim of unjustified enrichment to put the parties back to the positions they were in before the void transaction was performed. Servitude (Ownership) Is a claim in rem, is to enhance the utility of one piece of land at the expense of another. image of road in Land A is permitted by Owner A to be used to access Land B. Claim in REM SYSTEMS AND CONTEXTS OF LAW PART 2 - PROBLEM SOLVING WHERE THERE IS A VALID CONTRACT WHAT MUST YOU THINK OF NEXT ? Contractual remedies; breach of contract specific performance Remember ! What constitutes a breach of contract ? Common; no peaceful undisturbed possession of house or land. Performance: did not perform the duty or deliver the term of contract. NO CAUSA means ? no transfer of ownership over something. Claim in Rem law of property, can use rei vindicatio to recover object absolute right of pursuit as lega owner of object Ownership Requirement Delivery, there needs to delivery for the transfer of ownership to take place Special Protection afford to Owners (in rem) Requires that there must be special public delivery. Eg Land and buildings require ownership to be sealed by registration of new own title in public register of ownership (DEEDS) Bankruptcy When D cannot pay all his creditors due to bankruptcy - his creditors then all have a claim in personam and rank equally on the bankrupt estate and must share out the value of d's estate in proportion to debts owed) Absolute right of Pursuit if owner is dispossessed this gives them absolute right of pursuit over their property against anyone holds it without rights against them as an owner