Property Law Lecture Notes

These flashcards cover the key concepts and terms regarding property law as discussed in the lecture.

Property

A right, not a thing; it is a legal relationship between a person and a 'thing', specifically a 'bundle of rights' that a person has over a real or imaginary thing against other people.

Intellectual Property Rights (IP rights)

Rights that are non-rival, meaning one person's consumption does not prevent another's consumption, and aim to encourage production or development of information.

Rights in rem

Property rights enforceable against the whole world.

Rights in personam

Contract rights enforceable against specific individuals.

Doctrine of privity

A principle that a promisee can enforce a promise against the promisor.

Numerus Clausus principle

The principle that the law recognizes a closed list of property rights and prohibits the creation of new property rights by agreement.

Personal Property

Property that is movable and not fixed to land; distinct from real property.

Real Property

Property consisting of land or buildings; includes ownership and interests related to land.

Bailment

A legal relationship where ownership and possessory interest in the chattel are separated.

Choses in possession

Corporeal tangible personal property capable of being possessed.

Choses in action

Incorporeal intangible property that represents a right to sue or claim an interest.

Delivery (in relation to gifts)

The transfer of possession from one person to another, can be actual or constructive.

Native Title

Rights and interests of Aboriginal peoples or Torres Strait Islanders in land or waters that are recognized by common law.

Fixtures

Chattels that have become part of the land due to their attachment, losing their separate legal identity.

Abandonment

The intentional relinquishment of ownership or control over property.

Possession

The legal relation to an object, connoting power over the article possessed, which includes both physical control and intention.

Equitable interests

Rights or claims to property recognized by courts of equity, rather than strictly by legal title.

Taxonomy of Personal Property

Two types of personal property: choses in possession (tangible) and choses in action (intangible).

Contract of Sale of Goods

A legal contract whereby the seller transfers or agrees to transfer goods to the buyer for a monetary price.

Indefeasibility of title

An immunity from attack by adverse claims to the land or interest, granted to a registered proprietor.

Breach of Duty of Care

Liability of a bailee who fails to take reasonable care of bailed goods, resulting in damage or loss.