Subsequent Possession: Acquisition by Find Flashcards
What is the law of find?
The title of the finder is good against all the world, but the true (or prior) owner.
How does the “law of find” change when an item is found in a private place? (Parker v. British Airways)
When an owner is in possession of a private place, the court may imply intent to possess all that is contained there (even without the owner’s knowledge of the item).
The owner of a private place is a “constructive” possessor.
What property on a man’s land does he possess? (Hannah v. Peel)
A man possesses everything which is attached to or under his land, but does NOT necessarily possess a thing which is lying unattached on the surface of his land, even though the thing is not possessed by someone else.
What is the locus in quo?
The location in which an item was found.
What is a bailment?
The rightful possession of goods by a person who is not the true owner
What is a bailor?
The person (likely the owner) who delivers the chattel to someone else.
What is a bailee?
The person who receives the chattel from the bailor. They have possession of the chattel, but not ownership.
To create a bailment, what is required of the bailee?
- Intent to possess the property
- Physical control over the property - to the exclusion of the bailor - during the term of the bailment
What is a voluntary bailment?
When the owner intentionally transfers the possession, but not the ownership, of an item to another person
What is an involuntary bailment?
When possession of an is transferred to another person, without the intent of the owner to do so.
Ex: when one party finds something that belongs to another party.
What are the types of bailments?
- Bailments for the bailor’s benefit (gratuitous bailments)
Ex: the bailee fixes their neighbor’s (bailor) lawnmower as a favor - Bailments for the bailee’s benefit
Ex: the bailee borrows the bailor’s lawnmower (with permission) - Bailments for mutual benefit
Ex: the bailor takes their lawnmower to a professional repairman (the bailee)
What is the standard for liability in a gratuitous bailment?
Gross negligence.
What is the standard for liability in a bailment for the bailee’s benefit?
Slight negligence
What is the standard for liability in a bailment for mutual benefit?
Ordinary negligence
What is the liability for mis-delivered property with a voluntary bailment?
The bailee has absolute liability.
Ex: you drop a jacket at the dry cleaners and when you return for it, they no longer have it
What is the liability for mis-delivered property with an involuntary bailment?
The bailee’s liability is measured by the ordinary negligence standard.
Ex: a cat takes refuge in your garage. You post photos around the neighborhood and online. Someone claims the cat as their own, so you give it to them. The next day, the true owner comes for the cat with proof that the cat is his.
How is liability determined when the bailed property is returned in damaged condition?
Res Ipsa Loquitor (the thing speaks for itself)
The burden is on the bailee to prove that due care was used and that the damage occurred regardless of the adequate level of care.
What is a “container case” in a bailment? How is liability determined?
Whether the bailee’s duty of care extends to the items contained within the bailed property.
Liability depends on whether the item is the TYPE of property that would be REASONABLY FORESEEN to be left with the property.
What are the steps for analyzing bailment questions?
- Was there a bailment?
- Was the bailment voluntary or involuntary?
- What was the type of bailment?
- What was the duty of care?
- Can the bailee rebut res ipsa loquitor?
What is mislaid property?
When the owner intentionally placed the items in some location, then forgot to retrieve it.
What is lost property?
When the owner inadvertently loses possession of an item.
What is abandoned property?
When the owner intentionally relinquishes all legal right to the item with no intention to confer rights on any particular person.
Ex: leaving something in the trash
Who receives ownership of mislaid property?
The owner of the locus in quo.
Rationale: it aids the return of the item to the true owner, who will likely retrace their steps to where they last left the item.
Who receives ownership of lost property?
The finder.
Rationale: the true owner, who likely does not know the item’s whereabouts, is unlikely to retrace their steps to find it.
Who receives ownership of abandoned property?
The finder.
What are the steps of analysis for determining if an item is lost, mislaid, or abandoned?
- What is the item?
- Where was the item found?
- Is this the type of place where it’s reasonable to assume the owner intentionally left that type of item?
