Property Law deals with the relationship between persons and tangible and intangible things based on such concepts of “ownership.” We will consider how such rights arise, are managed, may be transferred or assigned, and might be extinguished. As we proceed we will also consider such vehicles for property management as the use of “trusts”. The key to understanding property law is to appreciate the balancing of interests in respect of ownership of a particular thing, and those institutional considerations that allow property rights to be exploited and vindicated.
There is no casebook or textbook required.
December Examination: 10% of your final grade (up to 25% if the additional weight – above 10% – improves your final grade).
Property Law Assignment 2021: 25% of your final grade (due Friday, November 26, 2021 by 3:00 p.m.).
Wednesday September 8, 2021
Introduction to the course. No reading required.
Monday September 13, 2021 & Wednesday September 15, 2021
I. What do we want to protect and how?
Monday September 20, 2021
Wednesday September 22, 2021
“Possession”, “Control”, and “Ownership”
Monday September 27, 2021
Wednesday September 29, 2021
III. Limits on Ownership: Forfeiture
Monday October 4, 2021
(a) Intellectual Property
Wednesday October 6, 2021
Monday October 11, 2021
Wednesday October 13, 2021
Monday October 18, 2021
(c) Gifts & Undue Influence
Wednesday October 20, 2021
(d) Gifts and the Doctrine of Resulting Trust
Pecore v. Pecore, 2007 SCC 17 (S.C.C.) [non-examinable and not required reading, but just in case it assists: Freedman, “The Presumption of Advancement Retreats, Rebuttal Evidence Expands, and Estate Litigation Lawyers Rejoice” (2007), 27 Estates, Trusts & Pensions Journal 5]
Monday October 25, 2021
Problem Questions (to be distributed)
V. Third Party Possession: Bailment
VI. Dealings with Property
(b) Vesting of Interests
Monday November 15, 2021
(c) Trusts, Trustees, and Agents
Wednesday, November 17, 2021
VII. Liability for Interference: Conversion, Detinue, & Replevin
Monday November 22, 2021
VII. Causes and Remedies that Change Proprietary Entitlements
Wednesday, November 24, 2021
Review and exam prep.