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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£6.05
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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 pl...
SYSTEMS AND CONTEXTS OF LAW PART 2 - PROBLEM
SOLVING
Jeremiah
Terms in this set (32)
I- issue
What is the acronym for legal problem R- rule
solving ? A- application
C- conclusion
-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
What first steps should you ask when
sides)
tackling the question ?
- 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 VOID- no claim or contractual remedies buyer cannot get their money back at all.
sale?
What are the circumstances making a Object is not in existence AT THE CONCLUSION OF CONTRACT.
contract void? Contract for immovable property is verbal.
RISK TRANSFER 1 ; when contract is The risk transfers from buyer back to seller.
imperfect but object is completely
destroyed?
RISK TRANSFER 2 ; when contract is The risk transfers from seller to buyer. Meaning the buyer bears all damage or loss and
imperfect and object deteriorates ? thus has no claims contractual or UE.
The risk transfers from buyer to seller, SUBJECT TO seller being at fault or any external
agreement regarding risk.
RISK TRANSFER 3; When contract is
PERFECTED who does risk transfer to ?
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 YES !, ownership with title deed registry trumps a good faith possessor when it comes
possessor? to their property.
Nemo Plus Rule states that ownership can only be transferred by the rightful legal
owner of the property.
What is the Nemo Plus Rule?
SYSTEMS AND CONTEXTS OF LAW PART 2 - PROBLEM SOLVING
What is the general rule of risk transfer {RES Res Perit Domino relays to the general rule that the owner bears the cost of the
PERIT domino} ? damage to, or loss of, the thing: res perit domino (the owner bears the risk).
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.
PROPERTY RULE 1 ; Rule of Accession
TWO FOLD test
1) loss of identity
2) separable in the eyes of law
- This is an Exception to the rule of Accession.
PROPERTY RULE 2 ; Rule of Consumption; - Here a proven good faith possessor, can be prevent to be an owners of the fruit born
ACCESION OF FRUITS by the land subject to it being, separated from the land, stored and intended for
Nemo plus rule; which stipulates that no person may transfer more rights than they
consumption/ sale.
hold.
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