Finders Law Flashcards
What is lost property?
Unintentionally lost through neglect, carelessness, or inadvertence.
Finder’s right: possession against the world except the rightful owner.
What is the right of the finder in lost property?
Possession against the world except the rightful owner.
What is the ruling of law (ROL) regarding lost property?
Lost property awarded to original owner.
What does ‘Relative Title’ refer to in lost property?
Two possible owners, neither rightful owner.
Which case established that a jewel finder has superior claim against the world?
Amory v. Delamirie.
What was the outcome of Bridges v. Hawkesworth?
Banknotes found in shop awarded to finder and not shopkeeper.
In Hanah v. Peel, who had the rightful claim to the brooch?
Hanah, because Peel was never in possession of the house.
What defines mislaid property?
Intentionally placed somewhere and later forgotten.
What is the finder’s duty regarding mislaid property?
Surrender to landowner.
Who is awarded the title to mislaid property?
Landowner of the ‘locus in quo’ (place where found).
Which case involved gold coins classified as mislaid property?
Corliss v. Wenner.
What is abandoned property?
Owner voluntarily relinquished ownership.
What is required for property to be considered abandoned?
Affirmative act, e.g., placing item in trashcan.
What is the finder’s right regarding abandoned property?
Possession against everyone including original owner.
What defines treasure trove?
Antique gold/silver concealed for a long period; owner is deceased/unknown.
What is the finder’s right in relation to treasure trove?
Possession against all but the rightful owner.
What does embedded property refer to?
Personal property embedded in the earth.
To whom does embedded property belong?
Owner of locus in quo.
Which case involved gold rings found in a pool awarded to the homeowner?
South Staffordshire v. Sharman.
How do courts struggle with embedded property?
Determining if it’s lost vs. abandoned property.
