Finders Law

Question 1

Legal issue of Tamworth v Attorney?

Answer 1

Whether Tamworth had manifested an intention to exercise control over the building and the things that might be on or in it?

Question 2

Who was the decision of Tamworth in favour of?

Answer 2

Finder.

Question 3

What did judge in Tamworth decide?

Answer 3

No evidence that shows occupiers intention towards lost articles. Property is far removed from fenced section of private property. Therefore found in favour of finder.

Question 4

MF in Tamworth?

Answer 4

Occupier leased property
Public unrestricted access
Item found on property
True owner cannot be found

Question 5

Ratio decidendi of Tamworth?

Answer 5

An occupier who leases property and allows unrestricted access to it does not have a stronger claim to an item found on the property than the finder when the true owner cannot be found.

Question 6

Complex Ratio Decidendi of Tamworth?

Answer 6

An occupier of a private property has not manifested an intention to exercise control over the property and the things that may be on it or in it, in order to have a stronger claim to an article found there than the finder, (when the true owner cannot be found), if they have allowed unrestricted public access to the property.

Question 7

How did Judge in Tamworth (NZ case) treat case of Parker (U.K case)?

Answer 7

Adopted. Now principle of Parker applies in New Zealand.

Question 8

How is judgement spelt in legal writing?

Answer 8

Judgment

Question 9

IRAC method?

Answer 9

Issue
Relevant law
Application
Conclusion

Question 10

You must start with an ____ before you state your IRAC answer.

Answer 10

Introduction

Question 11

What act protects objects found that are considered Taonga Tūturu?

Answer 11

Protected Objects Act 1975

Question 12

What are the six sub-issues in finders law?

Answer 12

1. Can the true owner be found?
2. Is there anything that could lessen the finder’s rights? (Dishonest intent, etc)
3. Where was the item found - in, on, or attached to property?
4. Did the finder take the item into their possession?
5. What level of control did the property owner have over the property? (Spectrum on control)
6. Did owner/occupier manifest an intention to exercise control over the property and items found on the property? (How obvious it is made, e.g signs)

Question 13

Where should the sub-issues be discussed in IRAC method?

Answer 13

Application of law.