6.2 Elements and Theories of Rights

A. Elements of a Legal Right (Salmond's Analysis) Salmond identified five elements of every complete legal right. Memorise them with the mnemonic "S-S-O-C-T" (Subject–Subject–Object–Content–Title): Element Meaning Example (a landowner's right) 1. Subject of the right (person of inherence) The person in whom the right resides The owner, Kanchha 2. Subject of the duty (person of incidence) The person bound to respect the right Everyone else (in rem) or a specific person (in personam) Element Meaning Example (a landowner's right) 3. Object of the right The thing or interest over which the right is exercised The parcel of land 4. Content (act or omission) What the duty-bearer must do or forbear from doing Others must forbear from trespassing 5. Title The facts or events that created the right Purchase and registration of the land Two people can be subjects — the owner of the right and the bearer of the duty — but only the owner is called the "subject" of the right strictly speaking. The title is often neglected by students but is crucial in practice: in a land dispute, the litigation is usually a contest of titles — which party's chain of documents and events gives them the right. B. Theories of Legal Rights Two great theories compete to explain what a right really is: 1. The Will Theory…