Owning Personal Property Flashcards
What are the four categories of found chattels?
lost property, mislaid property, abandoned property, treasure trove
Definition of lost property?
Property is lost when the owner unintentionally and involuntarily parts with it. Lost property goes to the finder.
Definition of mislaid property?
Property is mislaid when the owner voluntarily and knowingly places it somewhere, but then unintentionally forgets it. Mislaid property goes to the owner
Definition of abandoned property?
Property is abandoned when the owner knowingly relinquishes all rights, title and interest in it. Abandoned property goes to the finder
Treasure trove
Property is a treasure trove when the owner concealed it in a hidden location long ago. Treasure trove is usually limited to gold, silver, coins, or currency. As a rule most courts hold that items embedded in the soil are the property of the landowner
What was the courts holding in Popov v. Hayashi?
The court holds that both the plaintiff and the defendant have an equal and undivided interest in the ball. Popov established a qualified pre-possessory interest in the ball, before his effort was interrupted by the unlawful acts of others. When Hayashi came into possession of the ball, it had a cloud on its title. A sole award to either would be unfair
What rule did the court establish in Armory v. Delamirie ?
A finder’s property interest gives him priority against everyone except the rightful owner
Liability to the Rightful Owner
A subsequent possessor’s full payment to the finder bars any later action by the true owner against the possessor. However, the true owner can compel the successful finder to transfer the payment to them.
Why was the plaintiff granted the right to to brooch in Hannah v Peel?
The finder of a lost article is entitled to it as against all persons except the real owner. The brooch was sitting on top of the window sill in a way that wasn’t readily apparent and may have been lost for a long time. The owner of the house was never in possession of the brooch and had no knowledge of it.
What was the holding in McAvoy v Medina
The finder did not acquire any right to the property because it was mislaid by a customer who placed it on the table in the shop and accidentally left it. The shopkeeper had a duty to use reasonable care for safekeeping if the owner came looking for it.
What is the rule established in Benjamin v Linder Aviation? Why does the court decide this?
Mislaid property is entrusted to the owner of the premises where it is found rather than the finder of the property
The money was carefully tied and wrapped and concealed in a location that was only accessible by removing screws and a panel which supports an inference it was placed their intentionally
Both logic and common sense suggest that it is unlikely someone would voluntarily part with 18000 with the intention of terminating ownership, Money appears to have been placed for safekeeping
The money was not a treasure trove because the money was no older than 35 years The court determines the premises where the money was found was the airplane. This is where an owner would come looking for it. Therefore the bank is the owner
What is the rule for employee finders?
When an employee finds an object during the course of his employment, the court usually awards the item to the employer on the theory the employees actions were performed on behalf of the employer
What is the law of bailment?
A finder has rightful possession but does not have unqualified ownership, he is a bailee. Under the law of bailment, a finder is obligated to 1) keep the chattel safe and 2) return it to the prior possessor on demand
What are the three types of bailments and what duty is required for each?
1) those for the mutual benefit of both the bailor and bailee. Baillee has a duty take reasonable care of the property.
2) those for the primary benefit of the bailee . When the bailment is for the primary benefit of the bailee, extraordinary care is required
3) those for the primary benefit of the bailor. When the bailment is for the primary benefit of the bailor, the bailee is liable only if the property is damaged because of gross negligence or bad faith
What are the two types of gifts and how are they defined?
Inter Vivos Gift
A usual type of gift made during the donor’s lifetime
Testamentary Gift
Only effective after the donor dies, usually made by a will
