Page 891 - SUBSEC October 2017_Neat

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02131032/CAPE/KMS 2017
LAW
UNIT 1 Paper 032
KEY AND MARK SCHEME

Protection from deprivation of property

 No property of any description shall be compulsorily taken possession of,
and no interest in or right over property of any description shall be
compulsorily acquired, except by or under the authority of a written law

 Acquisition or taking of possession

o must be made by a written law

o must prescribe the principles on which and the manner in which
compensation therefore is to be determined and given

o must give to any person claiming such compensation a right of access,
either directly or by way of appeal, for the determination of his
interest in or right over the property and the amount of compensation,
to the High Court

Personal Property

Property includes personal possessions for example, money, debts and other
tangibles

AG v Caterpiller: money is property

Salary and Employment Benefits

AG v. Lawrence: L was managing director of bank. Was removed from office.
Entitled to profit. Contractual arrangements form of property protected.

Civil Servants Salaries

King v. AG of Barbados: public servant had no right to a minimum salary and
no property protected.

Any other point

Two points clearly stated in definition 2 marks
Three points clearly explained 2 marks each up to a 6 marks
Conclusion 2 marks
Weak explanation 1 mark each
Three cases clearly cited 1 mark each 3 marks
Coherence 2 marks

[15 marks]
Total 30 marks