Revision Question...
...for the exam at 7 tonight
while trespassing on david's land, sam comes accross a rabbit caught in a trap that david had set.
Sam removes it, but fails to get a good grip on the rabbit and it escapes.
while Sam is following the rabbit, he stumbles over a chain and when he pulls on the chain a cache of rusty pistols is revealed.
Hamish eventually captures the rabbit.
Discuss the legal position with regard to the rabbit and the pistold.
rabbit: Since the rabbit was in a state of ferae naturae when Hamish caught it, it belongs to him by the rules of original acquisition. If Sam had in fact gotten a proper grip on it, it would have been theft, as in the setting of the trap David expressed a will to posess the rabbit, IF David knew it was there. If he did not know it was there it would have belonged to Sam.
pistols: As Sam came accross the pistols accidentally, and was not in fact looking for anything like that, the pistols come under the rules of Treasure Trove, meaning that they would be split 50/50 between David and Sam - Sam as a reward for finding them, David as the landowner.
while trespassing on david's land, sam comes accross a rabbit caught in a trap that david had set.
Sam removes it, but fails to get a good grip on the rabbit and it escapes.
while Sam is following the rabbit, he stumbles over a chain and when he pulls on the chain a cache of rusty pistols is revealed.
Hamish eventually captures the rabbit.
Discuss the legal position with regard to the rabbit and the pistold.
rabbit: Since the rabbit was in a state of ferae naturae when Hamish caught it, it belongs to him by the rules of original acquisition. If Sam had in fact gotten a proper grip on it, it would have been theft, as in the setting of the trap David expressed a will to posess the rabbit, IF David knew it was there. If he did not know it was there it would have belonged to Sam.
pistols: As Sam came accross the pistols accidentally, and was not in fact looking for anything like that, the pistols come under the rules of Treasure Trove, meaning that they would be split 50/50 between David and Sam - Sam as a reward for finding them, David as the landowner.