• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/17

Click to flip

17 Cards in this Set

  • Front
  • Back
Rule for Find
When someone finds property, whether the finder is able to keep the property against another party depends on whether the property was lost, mislaid, abandoned, treasure trove, naturalized or a shipwreck and who the other claimant is.
Define Lost Property
Chattel was 1) Unintentionally placed and 2) Unintentionally Left 3) Favors the Finder (Hannah v. Peel)
Trespass
An entry onto someone's land that the true owner would not want.
Lost Property
A finder has a good title against all the world and all subsequent finders, except the true owner unless the chattel is attached to or under land of another person’s property or found by a trespasser.
Lost Property
Items lost in your house (that does not belong to the location owner), such as a location owner’s guest leaving something and being found later by a different guest, then the lost item goes to the finder.
Lost Property
Trespassing: If the finder was trespassing, the item belongs to the location owner. Exception: Trivial Trespasser-If the trespass is so minimal that society finds no cause of action, then property goes to the finder. Examples; dog walking on the yard of someone else and the dog owner finds something in the other persons yard.
Lost Property
Attached to Land: If an item is attached to or under the land, the property belongs to the land owner, unless the property is treasure trove.
Define Mislaid Property
The chattel was (1) Purposely placed and 2) Unintentionally left and 3) Favors the Location Owner (locus in quo).
Mislaid Property
Mislaid property is intentionally put in a place, but later forgotten by its true owner. If the chattel is mislaid, that owner is likely to retrace and reclaim it. Items intentionally placed by the owner where they are found and then forgotten or left there are deemed to be in the bailment of the owner of the property on which they are found for the true owner (McAvoy v. Medina).
Define Abandoned Property
If the true owner relinquishes rights to the property, the property is considered abandoned. Claimants must prove both that the owner

1) intended to relinquish his rights and

2) that the owner manifested his intention to abandon (actually abandon) the property.

3) The first finder who exercises dominion over the property becomes the true owner of found abandoned property unless the finder was trespassing when the finder found the property or found the property under or attached to the land.

**Mere passage of time by itself does not make property abandoned. Passage of time plus it’s not worth something or some other reason may make it abandoned**.
Abandoned Property
Trespassing: If the finder was trespassing, the item belongs to the location owner.

Exception: Trivial Trespasser-If the trespass is so minimal that society finds no cause of action, then property goes to the finder. Examples; dog walking on the yard of someone else and the dog owner finds something in the other persons yard.
Abandoned Property
Attached to Land: If the finder found the property under or attached to the land, the property belongs to the land owner.
Define Treasure Trove
Favors the finder: 1) currency (stocks and bonds, gold coins, beads used as currency),

2) intentionally hidden and

3) element of antiquity: so old that the owner is likely dead or the owner is not discoverable.
Treasure Trove
Treasure trove can only be money
Treasure Trove
Buried or Not: Historically, found property could only be classified as treasure trove if it was buried, but now, treasure trove can be found above or below ground (jewelry found in a wall is not treasure trove because it’s not currency).
Shipwrecks
Not tested. True owners maintain their ownership during shipwrecks, even if they “abandon ship.” Finders must return found property to the rightful owner, but finders can claim salvage rewards.
Naturalized Property
1) Something has been in the ground so long that it has become part of the earth. Examples: Meteors, minerals, earthenware (Indian artifacts: arrowheads, pots, ect.), buried ships

Favors the location owner