2. Title – mark, sign
Link between a person & an object/property.
Further became – evidence right of ownership
Every right arises from a title.
Law confers a right upon a person because of certain
rights which are true for him but not regards to others
– these facts - title of that right – person owning a car
Title de facto antecedent of which the right is de jure
consequence.
A person claims a right because of a particular title or
fact – negligent driving.
Roman word – titulus
Right can be inborn or acquired – but there has to be
some basis of fact from which it takes root.
3. Salmond : 5th element of right. Pg. 196
Austin: title not right itself but merely an element of right
– title - right
Holland: doesn’t’ accept title as element of right – title is source
from which right originates
Bentham : criticized Salmond’s definition – further widens term
‘title’ – should include facts by which rights and duties are created
but also destroyed – changing of river course from A’s land to B’s
land.
Justice Holmes- right is consequence attached by law to one or
more facts which law defines – special right – special facts
No
Salmond, Austin
Yes
Holland
Investitive
fact
Power conferred on a
person founded on title
Right = title
4. Title : lawful mode of acquisition - Jural claim to
have and hold
CLASSIFICATION: Salmond - Bentham
facts ? - Physical – purchasing a car.
- psychological – mental condition –
intention to commit theft.
Sub – divided – acts – movements of will
- events – involuntary happening
5. Vestitive Facts
(Titles)
Investitive Facts Divestive Facts
Original
titles
(CREATION
)
Derivative
titles
Alienative
facts
Extinction facts
(DESTRUCTIO
N)
TRANSFER OF
RIGHTS
7. Acts in the Law – voluntary facts – create,
transfer extinguish rights – express will of the
parties.
Unilateral & Bilateral
– one party whose will is operative- revocation of
settlement
- consent of two parties - Agreements
Acts of the Law – creation, transfer &extinction of
right by operation of law.
8. Agreements
Importance – rights and duties originate in agreements
- evidence of right
- they guarantee to men the fulfillment of their
reasonable expectations.
Kinds:
1. Contracts: among parties in personam
2. Grant: creates a right other than contractual right. Grant of lease.
3. Assignment: transfers rights.
4. Release: extinguishes a right. Discharge, surrender.
Valid Agreements
Invalid Agreements
Void Agreements
Voidable Agreements
