Property 2 Midterm

October 13th, 2015

I have now submitted the scores for your midterms. (Please check your email for instructions on how to retrieve your scores). You can download the exam here, and the A+ paper here. The purpose of the midterm was to serve as a indicator of where you stand at the half-way point of the semester. As I expected, no one failed (and thus no one received a negative participation score), although the distribution was lower than my normal final exam curve.


Some high level observations on the questions.

  1. For the most part, everyone properly recited the elements for adverse possession. But the bigger issues was that Simba was a minor (a disability), and that tolled the statute of limitations. Even deeper, there was a tough call of whether Scar had a claim of right, in light of the fact that Simba was uaware of the squatting, but Scar thought he was dead. I would accept either answer on this, so long as you identified the issue and engaged it.
  2. Quite a number of you missed the fact that Mufasa attempted to give a testamentary gift (“at my death”) without satisfying the requirements of the statute of wills. It was not a valid inter vivos gift, because delivery was delayed till after death.
  3. This question had two elements–whether the failure to disclose the daily wildebeest stampede constituted a material latent defect, and whether that defect rendered the title unmarketable. I think the better answer to both questions is probably no. Simba could have easily learned about the daily stampede, and the title of the land was not subject to question. I would have accepted either side if you made the argument well.
  4. This question was based on Stambovsky v. Ackley, and tested whether you understood how a haunted property could be a latent defect. Under the common law, this was not a latent defect.
  5. The final question was aimed at testing whether you understood the different standards for awarding an injunction or damages in response to a nuisance. Some of you referenced the Coase Theorem, which was a plus.

I will discuss this further in class on Wednesday.