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Back to category: Politics Limited version - please login or register to view the entire paper. Ghen v. RichU.S. district court, Mass., 1881 (federal law, trial court, another old case) Location in Course Outline · Acquisition by First Succession o Acquisition by capture § Capture on public lands · Exception to rule: Limited custom affecting few people Parties · Original Plaintiff: Ghen, Whale killer · Original Defendant: Rich, Whale purchaser Facts · Whale killing o Ghen, who was in the fishing business of killing fin-back whales, shot and immediately killed the relevant whale using a bomb-lance. It sunk. · Whale finding o Then three days later ended up on a beach where a guy named Ellis found the whale · Whale selling o Instead of notifying Ghen, he auctioned it off to the highest bidder, who was Rich. Rich extracted the blubber to use for oil and sold it. · Constructive Notice o Though neither Ellis nor Rich knew that Ghen killed the whale they knew, or should have known, then it was killed by a whale killer in the industry. P... Posted by: Adriana Alvarez Limited version - please login or register to view the entire paper. |
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