Finders Keepers

Question 1

What is Bailment?

Answer 1

Express or implicit agreement by an owner or prior possessor (bailor) to deliver possession of personal property to another (bailee).

(1) whose purpose in holding possession is for safekeeping or some other purpose more limited
(2) where the return of the object is the same or substantially the same condition is contemplated

Question 2

When does bailee owe liability?

Answer 2

The bailee (rightful possessor) owes a duty of care (tort law) to the bailor:
- Mutually beneficial bailments: ordinary diligence by the bailee
- Sole benefit of the bailor: only gross negligence on behalf of the bailee
- Sole benefit of the bailee: extraordinary care by the bailee
- Involuntary bailments: slight care by bailee

Question 3

Whats trover?

Answer 3

Trover is the action by a prior possessor for conversion seeking.
>damages
> assumption is that plaintiff accept refusal to return, like a sale to the possessor

ROVER - MONEY FOR DOG WALKING

Question 4

What is replevin?

Answer 4

Action by a prior possessor for conversion seeking
> Return of the property itself
> Possibly along with: (1) damages for the value of possession lost during conversion; (2) any permanent damage to the
property

REPLENISH - ITEM BACK IN YOUR HANDS

Question 5

What is lost property and whos gets it?

Answer 5

Lost property is property that is involuntarily and unintentionally separated from its owner. The true owner has no knowledge of where this property is and is unlikely to remember

It goes to the finder, except the true owner.

Question 6

What is mislaid property and who gets it?

Answer 6

Mislaid property is property that is voluntarily and intentionally places somewhere by the owner, who then overlooks or just forgets where it is.
Intention to be put somewhere.

Usually goes to locus owner, except for the true owner in the end all be all.

Question 7

What is abandoned property and who gets it?

Answer 7

Abandoned property is property that the owner no longer wants. Intention to abandon, must be act that indicate abandonment.

The finder gets it!

Question 8

What is treasure trove property and who gets it?

Answer 8

Treasure trove usually consists of antiquated coins or currency, concealed by a past owner. Must be time element, and true owner probably dead or undiscoverable.

Question 9

Who files for trover or replevin?

Answer 9

Plaintiffs with a superior right to possession than the defendant - for instance, prior
possessor