Acquisition by Find

Question 1

What are the categories of found property?

Answer 1

Mislaid, Abandoned, Lost, Treasure Trove

Question 2

What is the definition and rule for abandoned property?

Answer 2

Unintentionally parted with, but no intention of retrieving

Rule: Absolute rights to finder if property is truly abandoned

Question 3

What is the definition and rule for mislaid property?

Answer 3

Intentionally parted with, but forgot to retrieve (e.g., money on a table instead of on the floor)

Rule: Owner of locus en quo retains possession

Question 4

What is the definition and rule for lost property?

Answer 4

Unintentionally parted

Rule: Title is good against all but the true owner and prior possessor

Question 5

What are the instrumental ends when for found property?

Answer 5

Get item back to the True Owner
Reward honesty
Reward people’s expectations

Question 6

What are the causes of action for found property?

Answer 6

Trover = Cause of action for conversion with money damages

Replevin = Cause of action for conversion with return of item

Question 7

What are the four kinds of bailees?

Answer 7

Constructive (E.g., package in shop when owner doesn’t know is there)

Involuntary (E.g., finder)

Gratuitous (E.g., friend gives item to take care of it)

For-hire (E.g., dry cleaners)

Question 8

What is the Winkfield Doctrine and why is it discredited?

Answer 8

If there is a voluntary bailment, the court will bar action by the true owner against the present possessor if the bailee has recovered from the present possessor

Discredited because it involves a voluntary bailment not an involuntary bailment

Discredited because no rules with respect to permissive joinder and were worried about permissive

Question 9

What is subrogation?

Answer 9

One steps into the shoes of another party to assert rights that party has against another