JDD v. Brad (egg)
We don't know why Brad was digging on the ground in the first place… so there are several characterization of the status of the egg.
- Capture (Pierson v. Post)
- JDD could claim that this case is like the wild animal capture: actual capturer prevails over the mere chaser. Since Brad fell down into a deep sleep before he captured the egg, so JDD should be the owner of the egg.
- Since Brad put a drug into the egg, Brad could claim that he was digging the hole to put to egg in and he fell asleep on the way of digging the egg out. Therefore he is the true owner of the egg. JDD becomes a finder of the egg. According to Delamarie, finder has a better title against the world except for the true owner. Although JDD could claim the egg and dispose it whatever way he wants, Brad still has a better title and should prevail over JDD or the people who bought the egg from JDD.
- If Brad mislaid the egg and was trying to dig the hole to find it, the mislaid item belongs to the property owner -- in this case either the city or Noa. JDD will have a void title. the city or Noa has a valid title but Brad has a better title.
- JDD could simply steal the egg from Brad since he tussled with Brad and knocked him unconscious. If he stole the egg, he has a void
If JDD captured the egg…
- He is the sole owner of the egg.
- He sells it to Yan -- is this sale fraudulent?
- It could be fraudulent since Yan knew that the egg was worth much more than he paid for. This could be a fraudulent representation and renders his title voidable. However, Yan would argue that he was merely taking advantage of his superior knowledge and get a bargain price. This is not a bad check and he paid a substantial value for the egg, so the sale is not fraudulent and Yan gets a valid title.
- If Yan has a valid title, Coby has a valid title too.
- Yan is entitled to the money and he could pass it to Derek.
- RAP: the estate should be tested under RAP. The fee tail male is immune from RAP because it is a vested remainder. USC's estate is a contingent remainder that is subject to the RAP test. This estate should pass the RAP test because when Yan dies, his male heir will be determined, so the interest will vest to USC or never. Plus, charitable organization is immune to RAP test.
- USC could argue that Derek is not Yan's true son, otherwise the language (if any failure of my male line) will be meaningless because Yan can just pick whomever as his son. However, normally adopted son is considered as true son so Derek will probably get the money.
- If the sale is fraudulent…
- Yan has a voidable title under UCC. Coby becomes a BFP because the transaction is fraudulent. Coby will still prevail over the true owner under UCC. Coby is a BFP because he paid the fair market value for the egg without any notice of the fraudulent sale. However one could argue that Coby might know that Yan is a shady guy, therefore he did not purchase in good faith and failed to investigate. However, since he paid fair market value, he's probably a BFP even if he negligently failed to investigate.
- But it will not release Yan from liability… the true owner, either JDD or Brad or someone else, could still sue Yan for damages. Since Derek is Yan's male heir, the true owner can go after Derek's inherited money to recover.
If JDD was the finder of the egg…
- He has a valid title for the egg, but Brad has a better title.
- Same analysis w/ respect to the fraudulent sale, the fee tail male thing and BFP analysis.
- However, since JDD cannot convey a better title than he had, no matter who owns the title now, Brad will prevail over all of them.
If the egg was mislaid…
- JDD will have a void title. the city or Noa has a valid title but Brad has a better title.
- The subsequent transfer from JDD to Yan to Coby is all void. Coby is not a BFP because BFP will prevail only if there is a voidable title.
- The money Yan got from Coby should belong to Coby -- in this case Derek is not entitled to the money either. However, he could claim that he bought his heir status therefore "bought" the money instead of inherited it. This falls into another BFP exception under UCC that the BFP of money prevails over the original owner. However, don't know if you can buy an heir status… Plus since Coby will go after Yan to get his purchase back he would go after Derek too since D is Yan's heir.
- Whether the city of Noa could claim the ownership of the egg: adverse possession
- If the property was indeed Noa's, the city could claim adverse possession
- (discuss elements of AP)
If the egg was stolen…
- JDD has a void title. Same discussion as mislaid, except that neither the city or Noa will have a claim of right.
Adverse possession of the egg: Coby
- Coby can claim AP of the egg.
- Discuss elements of AP.
- Several approach: discovery rule, traditional rule, demand and refusal approach.
- Unless it's under traditional rule, otherwise Coby probably did not AP the egg.
Patent right of the drug
- It's probably still Brad's: merely existence of the drug is not a patent; it's the idea itself that is patentable, not the expression of the idea.
- (discuss the definition of patent.the drug is probably patentable)
- However, Brad never patented it at USPTO
- The patent will last only 20 years…
- If Coby (or the true owner, whomever it is) owns the drug itself and reverse engineer it, and then patent it before Brad does -- probably can prevail.
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