With this form of identification it is possible to refer to an element, or several
elements together, in any of three ways:
(1)
Number. One can refer to elements by their number. For example a
writer might refer to “Element (2), (4) and (5)”.
(2)
Label. One can refer to elements by their labels. For example a writer
might refer to “the element Possession”.
(3)
Number and Label. One can refer to elements by both number and label.
For example a writer might refer to “Element (2) Possession”.
Using one of these methods can be far less cumbersome than endeavouring to
describe the element in full, especially where the element is detailed. Generally
there is a strong case for using both number and label since this not only
identifies the element but indicates by the number its place in the list and by its
label the type of facts that it depicts. At the same time it is brief and not
cumbersome.
A Special Case: Property
Where elements of an action delineate a property interest they should do so by
reference to a standard form that all property interests possess.
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This is
constituted by three components:
(1)
There is a person, the holder.
(2)
This person (the holder) has a legally recognised interest.
(3)
The person has this interest in a subject, which is either tangible
or
intangible.
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To illustrate the three components of property we will consider two examples -
(i) Mary owns a house and (ii) John hires a speedboat. In these examples:
(1)
The holders
of the interests are Mary in the first case and John in the
second case.
(2)
The legally recognised interests are ownership in the first case and hiring
in the second.
(3)
The subject of that interest is a house in the first case, and a speedboat
in the second.
This model can also illustrate a transfer of property. Take the case of Thelma
and Louise. Thelma owns a motorcar. Louise wants to use the car. Thelma,
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Christopher Enright “A Model for Analysing Property” (forthcoming)
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To avoid misunderstanding we point out that the term "property" can mean
any of three things – (i) the legally recognised interest, (ii) the thing in which the
person has the legally recognised interest, or (iii) these two items combined, that
is, the legally recognised interest and the thing in which the person has the
interest. Usually the context will make it clear which of the three meanings is
intended.
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