Law Of Finders Flashcards
What is property?
Property is not a thing
It is a bundle of things
Property is essentially a bundle of things that you own and the state helps to protect.
What is the Essence of Property
To have and maintain dominion and control over external control of an item(s) or land.
What is a “Finder?”
To have “rightful possession” over the personal property of another.
Elements of Possession:
1) Actual, Physical control
2) Intent to exercise control and dominion over it. (cannot be accidentally in control)
What is Constructive Possession?
A claim to that which you do not physically control.
Define: Trover
Common law term to seek action for monetary value or damages of an item which belongs to you.
Define: Bailment
The rightful possession of the goods of another.
Bailers give while Bailees receive.
What are the two types of Bailment and what type is a finder?
Types:
1) Voluntary
2) Involuntary
Finders are both; They voluntarily took the item, but bailer did not voluntarily give the item to them.
Elements of Bailment:
1) Intent: intent to have dominion and control
2) Possession: rightful possession of the goods of another.
What type(s) of property can a Bailment apply to?
Only for personal property, not for real property.
What is a Bailee’s “duty of care” for the 3 separate benefits under the common law?
Solely for benefit of Bailer: gross negligence
Solely for benefit of Bailee: slight negligence
Mutual benefit of both: ordinary negligence.
What is a Bailers duty of care under Modern Law?
Modern law does not have gradation. It is ordinary negligence for all benefits.
Define: seisin
To be the owner of land through a transfer of a freeholder estate. This process was replaced by a deed.
McAvoy v. Medina rule about misplaced item in a business
When an item is misplaced within a place of business, the property is give. To the owner of the locus in quo to hold for the true owner to return and claim it.
Scope of permission:
Must do what you agreed to do with the items you were given Bailment over. If you exceed the scope, liable for damages.
