Lost/Finders/Bailments

Question 1

Armory v. Delamirie

Answer 1

Armory - boy who found jewel
Delamirie- store owner

Rule: Finder of lost property has superior rights to all the world, except the true owner

Even though this was on D’s property (store)

Question 2

Hanna v. Peel

Answer 2

Hanna - finder of brooch
Peel - owner of home but never lived there

Rule: Place of finding lost property does not matter. Finder has superior rights to all the world

Important reasoning:

• Judge went out of his way to say that Hanna disclosed his finding to Police
• Hanna also handed the goods over to the police
• Hanna was on the premises by permission

Question 3

Cases cited in Hanna:

Bridges v. Hawksworth

South Staffordshire

Elwes v. Briggs

Answer 3

Bridges:
- crucial to the holding. Case was about boy finding notes in D’s store. Held that place of finding did not matter bc it was lost

South:
- pool workers found ring in pool and property was awarded to home owner over the finder. Workers were working as home owner’s agent

Elwes:
- a gas company that had leased the mineral rights to property found an ancient boat while excavating the land. The court held that the boat clearly belonged to the property owner, who owned and exercised control of the property at all times.

Question 4

McAvoy v. Medina

Answer 4

McAvoy - found pocketbook in D’s barbershop
Medina- owner of barbershop

Rule: Mislaid Property is not subject to the rule that finder has a valid claim to it against all the world.
Mislaid property is property that the owner voluntarily places somewhere and then neglects to remove

It is the shop owner’s duty to use reasonable care to keep the property safe until the true owner returns.

Question 5

Law of Finders

Answer 5

The finder of lost property has superior property rights to all the world except the true owner

Question 6

Requirements to be a finder

Answer 6

1. Intent to possess

2. Must possess

Question 7

Ways that true owners get rid of their property

Answer 7

1. Selling
2. Gifting
3. Lost
4. Mislaid
5. Abandoning

Question 8

Bailment

Answer 8

The law possession of goods of another

Bailor - gives the possession to another
Bailee - receives the possession from another

Question 9

Requirements to be a Bailee

Answer 9

1. Physical Control of the property; and

2. Intent to exercise control of the property

Question 10

Consequences of being a Bailee

Answer 10

1. Strict Liability for misdelivery

2. Otherwise must exercise ordinary reasonable care under the circumstances