The question (15 marks)
Distinguish ownership from possession. Define each, state the incidents of ownership and the elements of possession, and explain why possession is protected. (15 marks)
MU Module 4, heads on ownership and possession.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Rights, Persons, Property and Possession of Jurisprudence / Legal Theory.
Authorities you will need
- Salmond, on ownership and on possession
- Austin, on ownership as a species of jus in rem
- Dias, on the outlasting interest
- Paton, Savigny and Holmes, on possession
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.