Abandonment

Question 1

Stewart v Gustafson

Answer 1

Abandonment Summary

• Following factors in the appropriate factual context support an inference of intention to abandon:
  1. passage of time (longer = more likely)
  2. nature of the transaction (e.g. price tags abandoned, promotional material a gift not abandoned)
  3. the owner’s conduct. (can be inferred if owner fails to remove within reasonable time after receiving notice)
  4. nature and value of the property (as value increases, higher bar for abandonment)

Question 2

Arrow Shipping v Tyne Improvement Commissioners

Answer 2

Facts: D’s boat sinks near P’s harbour. P notifies D that their shipwreck is blocking harbour and must be removed. D says they have abandoned the property. P removes boat at personal expense, and sues D for the net cost of removal, claims P is still owner of ship.

Held: D wins. D abandoned vessel in the sea, giving notice to P that they were doing so. This occurred before P started to remove the vessel.

Where he tells them plainly that he has abandoned the wreck, they may deal with it as they please, without regard to him; but they cannot make him personally liable for their expenditure.