Property Law
Question A (30 marks). Word Limit: 500 words.
The aim of this question is to test your research, paraphrasing and referencing skills.
Using the SOAS library website, find an article titled ‘The importance of possession in the common law tradition’ by Sukhninder Panesar. It was published in the Coventry Law Journal in 2003
In 500 words or fewer, provide a summary of the article.
Your summary must state, in your own words, the main argument of the article.
Make sure you include one direct quote of 1 line.
Make sure you include one direct quote of more than three lines.
Both these quotes must be relevant and properly embedded in your answer. Please refer to the OSCOLA guide for how to embed quotes.
Make sure you provide proper footnotes to your answer and include a bibliographic reference at the end of your answer. The references should be to the page numbers in the journal article (i.e, the .pdf version of the article), not the website from where you found it.
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Question B (30 marks)
There are two parts to this question. This question tests your ability to find cases, compare them and express their reasoning in your own words.
Part 1 (15 marks. Word limit: 250 words)
Go to Westlaw. Find a 2018 Supreme Court decision Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd.
In 250 words or less, provide a summary of the facts, the decision, and the reasoning of the majority in the case.
Include one direct long quotation (more than 3 lines). For illustrations on how to embed quotations, please refer the OSCOLA guide. When providing footnotes, please refer to the reported judgment (i.e., the .pdf version of the judgment) and not to a website.
Part 2 (15 marks. Word limit: 250 words)
Next, staying in Westlaw and find the Court of Appeal decision of that case.
In 250 words or less: provide a summary of this latter case and explain why you think the judge in the Supreme Court dissented on the appeal?
Include one direct short quote (of 1 line). For illustrations on how to embed quotations, please refer the OSCOLA guide. When providing footnotes, please refer to the reported judgment (i.e., the .pdf version of the judgment) and not to a website.
Provide proper footnotes with reference to page numbers from the reported judgement (i.e., not to a website) throughout and bibliographic references for the entire answer at the end of Part 2.
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Question C (40 marks)
These are questions from a previous exam paper. Provide an answer outline (which does not require to be properly referenced with footnotes) to the following question. An outline will tell us briefly, the main argument, the structure of the argument and what authorities (e.g., case law, statutes, or scholarly opinions) you rely on to make the argument.
Please provide an outline for both parts (a) and (b). Word limit: 250 words for part (a) and 250 words for part (b).
a) Adil owns a small house in Brighton, which he inherited from his mother. In 2015, he meets Jasbir, who worked as an investment banker in London. They begin a relationship soon after and Jasbir gives up his banker job and joins a startup in Brighton to be closer to Adil, but suffers a huge pay cut in the bargain. In 2018 Adil asks Jasbir to move in with him. Jasbir thereafter plays an active part in the upkeep of the house.
He pays for the groceries, pays the property tax bills and also takes care of the cost of internet and other bills. After a couple of years, Jasbir began to feel like he was bearing an unfair amount of the costs, particularly since Adil did not incur any expenses apart from repairs to the house (which Adil took care of in entirety). During a dinner party at their home, a fight occurred between the two, when Adil said in front of the guests that he did not understand why Jasbir was so agitated as “all that is mine is Jasbir’s”. With that thought in mind, Jasbir became more invested in the house.
Against Adil’s wishes, Jasbir hired a landscape artist to fix the backyard and turn it into a beautiful garden. When guests came visiting thereafter, Adil always made it a point to tell everyone how Jasbir insisted on landscaping the backyard against his wishes. However, Adil admitted that he enjoyed having outdoor dinner parties now because of the garden. Last year Adil met with an accident and died from the injuries. In his will, he left all his property to his mother’s sister, his aunt Malala. Malala asked Jasbir to leave the property in a month’s time. Advise Jasbir.
b) ‘Property is not a thing, but the terms of a relationship expressed through the thing.’ Explain and critically evaluate