Acquisition by Find

Question 1

Main rule

Answer 1

A finder of moveable property has superior rights to all the world except the true owner.

Question 2

Bailments

Answer 2

• A bailee has lawful possession of the good of another through: physical control
• intent to exercise control over the property
• the minimum duty of every bailee is to return the property

Question 3

To be a finder one must:

Answer 3

1. Have intent to possess the personal property

2. Must actually possess it, exercise physical control over the property

Question 4

Intent in terms of types of found property

Answer 4

1. Lost: Didn’t intend to sever possession
2. Mislaid: intended to put property somewhere then forgot
3. Abandoned: Severs all rights and connections to property [depending on whether its found on private or public prop]

Question 5

Subrogation

Answer 5

Prior possessor has right over subsequent possessor, even if not the true owner.

Question 6

Armory v. Delamarie

Facts

Answer 6

P found jewel while sweeping a chimney and brought it to def for appraisal. Def offered $ in exchange for the jewel, P refused and D wouldn’t give it back.

Question 7

Armory v. Delamarie

Holding

Answer 7

P gets damages = to the best jewel that fit the socket he found.

Question 8

Armory v. Delamarie

Reasoning

Answer 8

Even tho P not rightful owner, he can bring suit bc finding and possessing the jewel gives him prop interest good against all others in the world other than rightful owner. The measure of damages if jewel cannot be returned is the value of best jewel that fits socket he found unless D can prove another value.

Question 9

Armory v. Delamarie

Rule

Answer 9

Finder of a chattel has a property right good against everyone except the rightful owner.

Trover: common law action for $ damages resulting from ∆s conversion to his own use of a chattel owned or possessed by P
Replevin: Trying to get it back.

Question 10

Hannah v. Peel

Facts

Answer 10

Corporal Hannah stationed at a house and in a bedroom was adjusting curtains and found brooch on top of window frame. He informed commanding officer of his find and handed it over to police. Owner not found so police gave it back to him. Def offered a reward for the brooch but P refused to accept it and maintained possession.

Question 11

Hannah v. Peel

Holding

Answer 11

Judgement for P

Question 12

Hannah v. Peel

Reasoning

Answer 12

There is no doubt that the brooch was lost in the ordinary meaning of the term. D was never physically in possession even if it was on his property.
Bridges v Hawksworth: doesn’t matter on priv. property, place of finding doesn’t affect finders rights if lost property involved

Question 13

Hannah v. Peel

Rule

Answer 13

A finder of a lost chattel on another’s property has rights to that chattel superior to the rights of the property owner.

Question 14

McAvoy v. Medina

Facts

Answer 14

P found pocketbook with $ on table in D’s barbershop left behind by another. P first saw it and D kept it to give back to truthful owner, but P wanted $ inside.

Question 15

McAvoy v. Medina

Holding

Answer 15

P had no right to $. Pocketbook was not lost property since it was only accidentally mislaid and not abandoned.

Question 16

McAvoy v. Medina

Reasoning

Answer 16

Finding chattel in private place as opposed to public place means mislaid. D has duty to keep the pocketbook for the rightful owner so she can come back for it. Forgetting to remove property by accident and losing are 2 dif things.
Policy consideration to adopt rule that better secures the property for the true owner.

Question 17

McAvoy v. Medina

Rule

Answer 17

When prop accidentally left behind it’s not lost but misplaced. Subsequent finder does not have rights to that property by subsequent possession. Shopkeeper/private land owner preferred bc more likely to get back to rightful owner.

Question 18

Cases against Hannah

Answer 18

• south staffordshire: rings in pool found by pool cleaner ; court found rings were property of homeowner
• Yules