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Acquisition by capture

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					Property 8.26.05
Acquisition by capture is: a pursuer has killed, maimed, wounded, trapped or by otherwise deprived of its natural liberty and rendered escape impossible, while doing all that is practicable to make his own, while not trespassing on another’s property

Acquisition by capture is depriving of the natural liberty by killing, maiming, wounding, trapping, or otherwise manifesting a state of control while not giving up pursuit, and has done everything practicable to bring into his possession, while not trespassing on another’s property. Acquisition by capture is depriving of the natural liberty by mortally wounding, trapping, or otherwise manifesting a state of control while not giving up pursuit, and has done everything practicable to bring into his possession, while not trespassing on another’s property. Wednesday Ghen (Whale case) - Where one does all that is practicable to make the animal his own that is sufficient to establish ownership. - We have a goal of certainty and to kill as many whales as possible - Used custom to determine outcome. o This is not always beneficial to society Keeble - not suing for possession of ducks but we still want to use it for acquisition by capture - Keeble has constructive property while the ducks are on his property. - We do not pay for the ducks o We pay for loss of opportunity Now we are going to try and put them all together. Most people start by noting heading in the book. Go specific to general. Ex. Acquisition by capture - Pierson (fox)  (D) killed fox who owns it; not pursuer - Ghen (Whale)  owned by harpooner not finder - Keeble (Ducks)  Constructed possession while on your land. (D) cannot maliciously interfere. Rule: Possession of a wild animal is established when the capturer has done everything that is practicable to make the animal his own, unless another animal has constructive

possession of the animal or the capturer is considered to be trespassing at the time of capture.

Anything that is not actual possession is constructive possession

Notes (p.36) Between T and T1 T wins; O has a different problem with T. Court would give it to T. o What if O went of T’s land and took it back  We do not like taking it into our own hands. (Note 2) F is going to loose because he did not do everything to secure his animal o A question that we have to ask is whether or not these are wild animals  These are called Animus revertandi or animals that return.  We rule for F because we are trying to promote the taming of animals. (Note 3) Once an animal has escaped back into the wild it is first come first serve unless the animal is wild not germane to the region then it returns to the original owner. (same rule applies if it is tame)

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Trespass is a strict liability tort. Oil and Gas (these are fugitive resource)

Ad coelum: to the skies and down to the middle of the earth


				
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