Chapter 6 – Possession and the Finders of “Lost” Objects Flashcards
By being a “First Finder” that person is entitled to…
Not absolute ownership, but a “property interest” in the object
This person’s rights may trump that of a First Finder
The True Owner
when there is an interference with the plantiff/owner’s chattles that enables a legal fiction that the wrongdoer “found” the chattles. Enables either recovery of the chattles or damages to the worth of a chattle. This issue referred to as…
The Remedy of Trover
Susie is a Starbucks Barista who finds a gold mug on the floor at closing time. No one else is in the cafe. Who rightfully owns the mug in that instant?
Starbucks
: if a person entitled to possession of personal property requests it’s return and that request is refused. This describes…
Conversion
For Conversion, there is no requirement that…
the finder know that the object belongs to someone else, nor have an intent to deprive the owner of the enjoyment of that thing
This describes Grey’s Rule
: the actor must retain complete control over the chattel after the incidental contract with people and things
True or False, Grey’s Rule applied to Popov v Hyashi
False. The mob was not “incidental contact”
What was the ratio of Popov v Hyashi?
Where an actor undertakes significant but incomplete steps to obtain possession of real/abandoned property and its interrupted by the unlawful acts of others, the act has a legal, cognisable pre-posgessatory interest the property, which constitutes a qualified right to possession, which can support an action of conversion
What are the requirements for a pre-possessatory interest?
an actor takes major but incomplete possession what was interrupted by the unlawful acts of others
A First Finder will quite no rights unless the property has been…
- Has been abandoned, and 2. Been taken into the care and control of the finder
If an object has been taken with dishonest intent, it will ___ the rights of a First Finder
limit
First Finders have an obligation to…
to take reasonable steps to reunite the abandoned item with its rightful owner
An Occupier has superior rights to First Finders when…
- They are aware of the cattle, and 2. they intend to exercise control over the item
An occupier has an obligation to…
to take reasonable steps to reunite the abandoned item with its rightful owner
Joint Possession is awarded when…
Intent to possess a thing is established simultaneously by multiple people
In deliberating whether a finder or occupier should be granted title, this may be a determinative factor. Give examples
The level to which the occupier controls the premises vs the finders ease of access to the premises. Ex. Bank Vault would favour bank, park bench would favour finder
what was the significance of Armoury v Delamirie?
The principle of first possession establishes that the first finder of a lost object will have a better claim against the entire world, apart from the true owner.
What was the ratio of Parker v British Airways Board?
Establishing first rights between First Finders and Occupiers is dependent upon 1) whether or not the finder is a trespasser, and 2) who displayed and intent to control first. However, intent to control can be implicit, depending on the level of access the public has to the premises. For example, finding a gold chain in a bank vault will give better title to the bank, whereas finding it is a park will give it better claim to the finder as opposed too park management. Emplyess are assumed to be wokring on behalf of their employer.
This case established that when 5 boys found money in a sock, becasue they all wished to possess it in the same instant, they were all worthy of joint possession.
Keron v Cashman
The ratio of Edmonds v Ronella was..
If joint possession is obtained, the finders will ave point proprietary interest.
What was the significance of Bird v. Fort Frances?
Although Bird wrongfully took the money (because it was not publicly accessible), he was still the most entitled to it because he found it first, and the True Owner did not come forward. Even wrongful first finders will trump all subsequent claims by those not the True Owner.
