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This lesson is about limits on proprietary freedom: to what extent can a private owner control future uses of property? In answering that question, we will revisit the justifications of private property, and continue to explore the intersection between property rights and other values, such as equality for instance.
We'll ease into this lesson with a film on Wednesday, 05 October 2011, to set the socio-legal context: "The Stork Derby." In that context, I'd like you to skim through the Supreme Court judgment at the heart of this case, Re Charles Millar, Deceased, [1938] S.C.R. 1. (Next, please note that our class on Friday, 07 October 2011 has been rescheduled to take place instead of Monday, 17 October 2011, from 18h00 - 19h20 in FTX 351.)
Once we dive into the details, beginning on Wednesday, 12 October 2011, this lesson jumps around the casebook a little, bit covering materials from both chapters 5 and 7. Because the law in this area can be quite complex, you'll need to be familiar with some jargon. So that first substantive class in the lesson will be dedicated to introducing the terms and concepts the underpin contingent transfers of and future interests in property. Read the cases and accompanying notes and questions on pages 347-73 to acquaint yourself with the fee simple and the life estate.
Materials at pages 487-502, to be covered on Friday, 14 October 2011, build on these concepts. Again, there's a lot of jargon to learn here, and I'll my best to sort it out for you during our second class together as part of this lesson.
Pages 502-534 deal with limitations on private power -- the heart of this lesson. We'll cover those during our makeup class on Monday, 17 October 2011, referenced above. Read the materials carefully, please, and come to the third class prepared for discussion and debate. And think back to the movie that started this lesson, The Stork Derby, when you're reading the Leondard Foundation Trust case.
For movie buffs looking for more on this topic, check out Brewster's Millions, staring Richard Prior and John Candy. The plot goes like this: long-lost uncle leaves his nephew $30 million, with the promise to pay him $300 million if he can spend it all in a month but, here's the catch, without acquiring any assets.
The final class in this lesson, on Wednesday, 19 October 2011, will focus on the infamous rule against perpetuities, or what’s been called the “R.A.P. trap”. Read from page 543-55 and 563-68. You could also check out the film " Body Heat". Believe it or not, the plot actually turns on the rule against perpetuities.
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