LOGO Legal English: Property Deny A. Kwary .

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Legal English: PropertyDeny A. Kwary

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Overview

1. Property

2. Real Property

3. Freeholds

4. Remedies and Damages

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Real Property: Land, buildings or things attached thereto, including the air space above the land and the minerals within the land.

Property:Anything than can be owned

Personal Property All tangible and intangible things other than real property , e.g. Chattels and Choses in Action

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Corporeal HereditamentTangible items, such as buildings

Real Property

Incorporeal Hereditament Intangible rights, e.g. easements & profits a prendre

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FreeholdThe owner has a legal estate in land which can be inherited

Real Property

LeaseholdThe land is held for a period of time, e.g. 6 months until 999 years

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FreeholdsFreeholds

Absolute title to real property

Fee Simple Fee Tail Life Estate Pur autre vie

May pass the estate to the heir, but not to

sell it

Only for the life of

the grantee

Granted for the life

of someone,

not the grantee

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Fee Simple

Sale

Inheritance Reversion(escheat)

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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.

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Case StudyA 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

ConsequentialDamages

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Expectation damagesExpectation 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 damagesStipulated damages

Restitution damagesRestitution damages

Consequential damagesConsequential damages

b. Compensation determined by the amount of benefit unjustly received by the breaching party.

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.

d. Compensation which seeks to put the non-breaching party in the position he would have been had the contract been performed.

Types of damages (1)

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Actual damagesActual damages

Reliance damagesReliance damages

Punitive damagesPunitive damages

e. Compensation for a loss that is the natural and logical result of the breach of contract.

Types of damages (2)

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.

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Role Play: Initial interview with a client

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Concluding the interview5

Introduction1

Getting an overview of the case2

Establishing facts and chronology of events

3

Identifying issues, developing and supporting a theory

4


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LOGO Legal English: Property Deny A. Kwary .

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