Acquisition by Find – Cases

Question 1

Armory v. Delamirie

Answer 1

Finder has superior property rights to everyone in the world except for the true owner.

Finder has superior property rights over every subsequent finder

Question 2

Hannah v. Peel

Answer 2

The finder of lost property has superior rights against the world except for the true owner EVEN IF the lost property found on property owned by someone else.

Question 3

Hannah v. Peel

Lost, Mislaid, or Abandoned?

Answer 3

Brooch found in crevasse on top of window.

Although Brooch was mislaid, Court treats the brooch as lost property.

Question 4

Who did Court find for in Hannah v. Peel and why?

Answer 4

HANNAH

Even though Peel owned the house, he could never possess the brooch because he never lived there.

Question 5

Bridges v. Hawkesworth

Answer 5

A man 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.

Place of finding doesn’t matter if lost property is involved

Question 6

South Staffordshire

Answer 6

Rings in the pool were found by workers on the land and the rings were rewarded to the homeowner over the finder.

Workers not awarded finder’s rights because they were AGENT of homeowner.

i.e., homeowner gave them license to be on land

Question 7

Elwes v. Briggs

Answer 7

Prehistoric boat case. Property rights were given to the owner of the property where the boat was embedded

Question 8

McAvoy v. Medina

Answer 8

Mislaid property is not subject to the rule that a finder of lost property has a valid claim to the property against everyone except the true owner.

Question 9

Why does the Court find that mislaid property is different from lost property in McAvoy v. Medina?

Answer 9

The true owner putting an item in a particular location and forgetting to pick it back up is not the same thing as losing the item.