Midterm Problem Question

Question 1

Ratio of Armony v dalamirie

Answer 1

The finder of an item acquires property/title to the item that enables him/her to keep it against all but the true owner

Question 2

Ratio of bridges v hawkesworth

Answer 2

The owner of the place where a lost item is found does not acquire a better right to it the the finder when the lost item is not in his/her custody or within the protection of his/her property before it is found and the true owner cannot be found

Question 3

Ratio of Elwes b Briggs gas company

Answer 3

A landlord/property owner dispute being unaware of their existence has a better right to items found under the surface of the land than the tenant/occupier when the true owner cannot be found. In the absence of an explicit or implied term stating otherwise

Question 4

Ratio of south Staffordshire water co v Sharman

Answer 4

A property owner who has possession of a place with a manifest intention to exercise control over it and the things which may be upon or in it has a better right to any items found there than the item

Question 5

Ratio of Hannah v peel

Answer 5

The owner of a property who has never been in physical possession of it DOES NOT have a superior right to the items found in or on it but not attached to it when he/she is unaware of the existence of the items than the finder

Question 6

Ratio of Parker v British airways board

Answer 6

An occupier who restricts entry to his /her property to certain members of the public but takes no other steps to demonstrate an intention to exercise control over things found does not have a superior right to items found over finder - when true owner cannot be found

Question 7

Ratio of Tamworth industries

Answer 7

An occupier of a property has not manifested an intention to exercise control over the property and the things that may be on or in it in order to have a stronger claim to an item found then the finder when the true owner can’t be found- with unrestricted public access

Question 8

IRAC stands for

Answer 8

Introduction

ISSUE
RELEVANT LAW
APPLICATION - subheadings /questions
CONCLUSION

Question 9

Subheadings

Answer 9

1) can the true owner be found
2) was the item found on, in, under or upon the property
3) was there anything that reduced the finders rights
4) did the finder take the item into their possession
5) how accessible to the public was the place the item was found
6) was there a manifest intention to exercise control over the property

Question 10

Cases where the finder has stronger claim regarding where it was found on property

Answer 10

Hannah v peek
Bridges v hawkesworth
Parker v British airways
Tamworth industries limited v AG

All found on

Question 11

Cases where occupant has stronger right considering where item was found on property

Answer 11

South Staffordshire water co v Sharman

Ellwes v Briggs gas company