Question

Mark and Mike are having a few beers together. Mike tells Mark about his lifelong quest to find the elusive pink elephant in the wilds of Africa. Mike tells Mark that Mike has spent 25 years and $2,000,000 to corner the animal in a specific field in Congo. Mike goes on to say that once he catches the animal, the San Diego zoo will pay him $100,000,000 for the animal. Mark decides to double-cross Mike and flies to the Congo with a crew and captures the animal exactly where Mike's crew had cornered it. Mike sues claiming the animal belongs to him. Who owns the animal?

a. Neither Mike or Mark. The animal is not personal property and cannot be owned.
b. Both Mike and Mark. They would own the animal as implied partners.
c. Mark. Since he captured the animal.
d. Mike. Since he spent enormous time and had the animal cornered.

Answer 1

In property law, typically the person who captures an unowned wild animal gains possession, but in this fictional scenario involving a mythical pink elephant, neither party would realistically own the animal as it doesn't exist.

Step-by-step explanation:

The scenario presented involves a hypothetical and whimsical situation about catching an elusive animal, specifically a pink elephant, which is not a creature that exists in the wild. However, in the context of property law, one might consider the principle of "occupancy," where an unowned wild animal becomes the personal property of the person who captures and controls it. But since pink elephants do not exist, no capture or ownership could be realistically asserted, making this scenario purely fictional and more suitable for a fable or a legal hypothetical intended to stimulate discussion about property rights.

Answer 2

Answer: c. Mark. Since he captured the animal.

Step-by-step explanation:

With regards to the information given, the owner of the animal is Mark because he's the one who captured the animal.

It should be noted that the fact that Mike tells Mark that Mike has spent 25 years and $2,000,000 to corner the animal in a specific field in Congo doesn't mean that he's the owner of the animal.

Upon capturing the animal, under the law of ownership, the animal now belongs to Mark as he's the owner.