Class 7

Question 1

Armoury v Delamire

Answer 1

• Street Sweeper. Various claims were made on the jewel and who was the owner. found the owner was the lost boy.

Question 2

What does first possession mean?

Answer 2

Essentially, it mens the finder of an object does not acquire ABSOLUTE ownership but they do have a property right SUPERIOR than anyone else except the true owner.

Note* Not if someone has a subsequent claim prior to the first posessor

Question 3

What are the 4 actions in common law you can take against someone who has wrongfully taken your property? Define all four.

Answer 3

1. Conversion– wrongful exercise of control over someone else’s property
2. Trover– interference with chattels
3. Trespassing– illegally going onto someone else’s land.
4. Detinue– an action for someone who has taken property wrongfully.

Question 4

What is vicarious liability?

Answer 4

It is the employers liability for the actions of an employee or apprentice.

Question 5

Parker v British Airways

Answer 5

Plaintiff found gold bracelet at airport and gave to the airport with the condition to return to him if they do not find true owner.

they sold the bracelet and sued.

court found the plaintiff was entitled to bracelet as there was not sufficient control exercised by the defendants (no intent) over the lounge and the plaintiff had claim in it and had a superior title.

Case of finders keepers.

Question 6

Tell me some obligations and rights of the finder

Answer 6

Finder has no rights unless object is lost or abandoned and finder takes into their care and control.

Rights limited when tresspaser

right to keep against whole world except owner.

finder must take all reasonable measures to find true owner.

Question 7

Common law idea for occupiers of land

Answer 7

An occupier on land (generally) has a right to all lost cattle’s on the land regardless if they are aware of what is on their land. this is not always the case as sufficient control is needed.

Question 8

What are the rights and obligations of a finder?

Answer 8

1. No right unless object is abandoned/lost and finder takes into their care and control.
2. Rights are limited when there is dishonest intent/finder was in tresspassing
3. Right to keep it against everyone except the true owner.
4. If finder is an employee, claims it on behalf of employer
5. Finder must take all reasonable measures to find true owner and care for object.

Question 9

Bird v. Fort Frances

Answer 9

Found money and gave to mother. Mother kept and then police found the money. they kept the money as they could not find true owner so bird sued.

Court held that the money was hidden and the true owner had the best claim followed my constable followed by pool hall followed by bird. because no one objected, bird had money.

Question 10

What are the rights and obligations of an occupier?

Answer 10

1. Occupier has superior rights to chattels than a finder regardless of whether occupier is aware of presence of chattel.
2. Occupier has superior rights over a finder ONLY if occupier had demonstrated intention to exercise control over building and things in it.
3. Occupier must take all reasonable necessary steps to find true owner and care for chattel.
4. the occupier of the chattel is to the seen as the occupier of the building.

Question 11

What if a chattel is attached to a land or building when found?

Answer 11

if the finder is not a wrong doer they may have rights but the occupier of the land would probably have better title as the chattel is technically apart of the land.

Question 12

What happens if there is joint finding

Answer 12

Harder for courts to determine who has a right, will try and find who had first right but typically they need to share.

Question 13

Karon v Cashman

Answer 13

5 boys found money in a stocking and they all claimed money.

the court determined the money was in common possession of all the boys and it was divided equally. they held when it was found it was NOT DONE with the INTENT to exert control over it. “it would have been different if someone put the money in their wallet or if there was a struggle”

Question 14

Edmonds v Ranilda

Answer 14

Money was found in an envelope and was jointly obtained. Thus equal share of the money

Question 15

Popov v Hyashi

Answer 15

Ball thrown and fell out of glove of plaintiff and defendant found.

issue for the court was who was in possession of the ball?

the time the ball was hit it became intentionally abandoned property the first person who came into possession became its new owner.

Court held that popov had a claim in the ball as a pre-possessory interest.

found that Hyashi also had an interest

Court adopted greys rule and found 50/50 split.

Question 16

Pre-posessory interest is what?

Answer 16

A qualified right to possession where an actor takes major steps but incomplete steps tot take possession but cannot due to unlawful acts of other.

Question 17

What is greys rule about possession (reference popov)

Answer 17

The actor must retain control of the ball after incidental contact with people and things.

Question 18

What intention is needed for an occupier of land who has lost property on it to claim the property

Answer 18

The occupier has have intent to exercise control over the building/chattels for the occupier to claim items found within it.