I INTRODUCTORY MATERIALS：我的入门教材.doc

I. INTRODUCTORY MATERIALS GENERAL PROPERTY RELATIONSHIPS--Property rights concern relations among people regarding control of valued resources Examples: Donor-donee (gift), Bailor-bailee (Bailment: Bailor gives the bailee rightful possession of goods even though he is not the owner. Bailee has duty to return it to bailor when bailor asks for it. i.e. coat check), Seller-buyer PROPERTY RIGHTS: Each right that accompanies ownership of property is limited by the rights of others 3 MOST COMMON: RIGHT TO USE: property owners generally have the right to use their property as they see fit so long as they do not use it in a way that violates the rights of others limitation: environmental laws prohibit the use of property in ways that harm neighbors and community at large by polluting) RIGHT TO EXCLUDE/INCLUDE: The essence of private property is the right of the owner to exclude others--the power to grant access to others and to revoke that privilege. Jacque v. Steenberg Homes, Inc. p. 87: Steenberg Homes had a mobile home to deliver and the easiest way was to drive it across Jacque’s land. Steenberg Homes asked the Jacques and they said no, but they did it anyway. The court held for Jacque because society has an interest in punishing and deterring intentional trespassers (preserving integrity of legal system—what is the point of having rights if nothing happens when someone violates them?) Limitation: discrimination based on race, sex, etc. is prohibited in public accommodations State v. Shack: Defendants entered onto private property to aid migrant farm workers employed and housed there. Having refused to depart upon the demand of the owner, the defendants were convicted of trespassing. The court held for the defendants because ownership of real property does not include the right o bar access to governmental services available to migrant workers. Held: if there is a private or public necessity, the right to exclude is limited State v. Shack applied to Jacque: Whe