Question

State which of the following is false with respect to the statement ‘Title is the defacto antecedent of which right is the dejure consequent’?

• A. Title is one of the elements of Right
• B. Title is equal to Right
• C. Title is the set of facts recognized by law
• D. Right is the consequence of title

Hint:

Think of "Title" as the cause (e.g., buying a book) and "Right" as the legal effect (e.g., owning the book). A cause is never identical to its effect.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks us to identify the false statement regarding Salmond's definition: "Title is the de facto antecedent of which right is the de jure consequent."

Step 2: Key Concepts and Approach:
This statement defines the relationship between a legal title and a legal right.
We need to analyze how a title acts as the cause (antecedent) and how the right acts as the effect (consequent).

Step 3: Detailed Explanation:

• Salmond’s Definition: According to Salmond, every legal right has a "title." This title consists of the facts or events that give rise to the right.

• De Facto Antecedent: The title is the factual occurrence (the de facto antecedent) that must happen before a right can come into existence. For example, signing a contract is the "title" that creates the "right" to payment.

• De Jure Consequent: The right is the legal benefit (the de jure consequent) that flows from the title.

• Evaluating Option B: Because title is the factual cause and right is the legal effect, they are distinct concepts. A title is NOT equal to the right itself. Therefore, Option B is false.

• Evaluating Options A, C, and D: These options are true. Title is indeed one of the essential elements of a right, it represents the set of facts recognized by law, and the right is the consequence of that title.

Step 4: Final Answer:
Since Title is not equal to Right, Option B is the false statement and therefore the correct answer.