[法律资料]美国财产法提纲.doc

What is property? ( Dueling conceptions of private property PROPERTY LAW IS ABOUT RELATIONS AMONG PERSONS WITH RESPECT TO THINGS Resources of the world on which society depends for sustenance, satisfaction its needs and desires How to reward and encourage efforts for productive use of those resources? Property rights consist of what you can get the state to back you up on How law defines property interests How one acquires property How property rights can be shared How outside parties’ interests affect the rights of Os TRESPASS NUISANCE Trespass to Land Any intentional intrusion that deprives another of possession of land, even if only temporarily Strict liability tort – one who commits an intentional trespass is subject to liability irrespective of whether he thereby causes any harm to any legally protected interest of another Sometimes necessity is recognized as a defense to an action for trespass Jacque v. Steenberg Homes (Wisc, 1997) Issue: should award of nominal damages for intentional trespass to land support punitive damage award? Jacques didn’t want the mobile home moved across their property Steenberg felt it was more convenient to move across the Jacques’ land, also potential danger to Steenberg employees if used snow-covered road instead Holding: upholds punitive damage award even when only nominal damages (no actual damages) awarded Important to deter physical invasions of land (right to exclude) even when conduct is harmless Infringement of a legal right = always an actual harm, whether measurable or not Private LO and society have more than a nominal interest in excluding others from land Self-help concerns – worried about people taking the law into their own hands to retaliate Reinforces absolute right to exclude What is at stake behind the nearly absolute right to exclude? Right to exclude protects right to economically productive use Economic development ( people probably wouldn’t invest in their land if someone else could come in and damage it P