Legal English: Property

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Legal English Property

• Deny A. Kwary

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Overview
1. Property
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Property Anything than can be owned
Real Property Land, buildings or things
attached thereto, including the air space above
the land and the minerals within the land.
Personal Property All tangible and intangible
things other than real property , e.g. Chattels
and Choses in Action
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Real Property
Corporeal Hereditament Tangible items, such as
buildings
Incorporeal Hereditament Intangible rights, e.g.
easements profits a prendre
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Real Property
Freehold The owner has a legal estate in land
which can be inherited
Leasehold The land is held for a period of time,
e.g. 6 months until 999 years
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Freeholds
Pur autre vie
Fee Simple
Fee Tail
Life Estate
Absolute title to real property
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 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.
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Types of damages (1)
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.
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.
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Types of damages (2)
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.
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Role Play Initial interview with a client
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Thank You !
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