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