Transcript Property and Damages

LOGO
Legal English: Property
Deny A. Kwary
www.themegallery.com
www.kwary.net
Overview
1. Property
2. Real Property
3. Freeholds
4. Remedies and Damages
www.kwary.net
www.themegallery.com
Property:
Anything than can be owned
Real Property:
Personal Property
Land, buildings or
things attached
thereto, including
the air space
above the land
and the minerals
within the land.
All tangible and
intangible things other
than real property ,
e.g. Chattels and
Choses in Action
www.kwary.net
www.themegallery.com
Real Property
Corporeal
Hereditament
Incorporeal
Hereditament
Tangible items,
such as buildings
Intangible rights,
e.g. easements &
profits a prendre
www.kwary.net
www.themegallery.com
Real Property
Freehold
Leasehold
The owner has a
legal estate in
land which can
be inherited
The land is held for
a period of time,
e.g. 6 months until
999 years
www.kwary.net
www.themegallery.com
Freeholds
Fee Simple
Absolute
title to real
property
Fee Tail
May pass
the estate
to the heir,
but not to
sell it
Life Estate
Only for
the life of
the
grantee
Pur autre vie
Granted
for the life
of
someone,
not the
grantee
www.kwary.net
www.themegallery.com
Fee Simple
Sale
Inheritance
Reversion
(escheat)
www.kwary.net
www.themegallery.com
Definition of remedies
 Ways of dealing with or improving an
unpleasant or difficult situation
 Treatments or medicine to cure a disease
or reduce pain that is not very serious
 Ways of dealing with a problem, using the
processes of the law
 The collective name for various ways of
dealing with a breach of contract.
www.kwary.net
www.themegallery.com
Case Study
A supplier agrees to supply a ton of concrete mix to
builder in exchange for $100 so that the builder can use it
to build an office for a client.
The supplier delivers the concrete mix, but it has become
damp and turned to solid concrete.
The builder is then unable to start work on building the
office for two weeks while he is waiting for new concrete
mix.
The builder takes the supplier to the court to see remedies.
Actual
Damages
Mitigation
of damages
Consequential
Damages
www.kwary.net
www.themegallery.com
Types of damages (1)
Expectation damages
a. Compensation agreed upon by the parties
and set forth in the contract that must be paid
by one or the other in the event that the
contract is breached.
Stipulated damages
b. Compensation determined by the amount of
benefit unjustly received by the breaching
party.
Restitution damages
c. Compensation for losses which are a result
of special facts and circumstances relating to
a particular transaction which were
foreseeable by the breaching party at the time
of contract.
Consequential damages
d. Compensation which seeks to put the nonbreaching party in the position he would have
been had the contract been performed.
www.kwary.net
www.themegallery.com
Types of damages (2)
Actual damages
Reliance damages
Punitive damages
e. Compensation for a loss that is the
natural and logical result of the breach of
contract.
f. Compensation which is imposed by the
court to deter malicious conduct in the
future.
g. Compensation necessary to reimburse the
non-breaching party for efforts expended or
expenses incurred in the reasonable belief
that the contract will be performed.
www.kwary.net
www.themegallery.com
Role Play: Initial interview with a client
1
Introduction
2
Getting an overview of the case
3
Establishing facts and chronology of
events
4
Identifying issues, developing and
supporting a theory
5
Concluding the interview
www.kwary.net
www.themegallery.com
LOGO
www.themegallery.com
www.kwary.net