Wednesday, September 01, 2021

Possession Hypos

 

1. Suppose Billy shoots a deer with an arrow. The deer takes off running with Billy in hot pursuit. The deer runs past Denicola who kills it and carries it off. Billy sues Denicola for conversion. What result?

2. Suppose Kanye is about to harpoon a whale when Katie Perry and fellow members of Greenpeace (an organization formed to protect whales) intervenes and frightens the whales out to sea by singing “Give Peace a Chance” acapella. Kanye sues Katie for damages.

--What should Kanye the whale-hunter argue?

--What about Katie Perry and her whale-lovers organization? What should they argue?


3. Now suppose Katie and Kanye are walking down the sidewalk when Kanye spots a wallet lying in the gutter about 10 yards ahead. He exclaims, “Oh, look what I have found, a wallet!”

Whereupon Katie dives for the wallet and beats Kanye to it.

Who wins this lawsuit for possession of the wallet?

How would you argue our cases?