tag:blogger.com,1999:blog-10757771.post114213700635162852..comments2023-09-22T09:03:09.417-04:00Comments on Townie Bastard: Goddamn lawyers...towniebastardhttp://www.blogger.com/profile/03129158923604362272noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-10757771.post-1142271427294450952006-03-13T12:37:00.000-05:002006-03-13T12:37:00.000-05:00The case law on this is very clear, and has been f...The case law on this is very clear, and has been for a long while. <BR/><BR/>A finder has a better claim to property than everyone <B>except the 'true owner'</B>. So says the old English cases of <I>Armory v. Delamirie</I> (1722) and <I>Bridges v. Hawkesworth</I> [1851]. This is why the man who bought the coffee cup - the 'true owner' - thinks he has a better right to it than the kids who found it.<BR/><BR/>BUT... abandonment matters, because it means the true owner loses their property right. Abandonment happens when an owner intentionally gives up possession without vesting ownership in another person.<BR/><BR/>It would appear that whoever tossed the cup into the garbage abandoned it. If this was their intention, they are out of luck, and the question of proving Mr. X was the original owner is moot.<BR/><BR/>I suspect the lawyer will try to argue that intent to throw out the cup is not the same as intent to abandon an interest in the prize winnings - that the cup just counts as proof of his entitlement to collect those winnings, and he did not intend to abandon that prize. I also supect he will lose, but property law is strange enough that you never know...<BR/><BR/>For those who look to precedent, the <I>Tim Hortons Cup Case</I> is analagous to the Canadian case of <I>Millas v. B.C. (A.G.)</I>, in which an off duty cop found a million dollars in the trash at a public park. He was allowed to keep it.<BR/><BR/>BTW, Wikipedia has excellent information for every domain of law (though with an American emphasis), and we can refer to the entry for <A HREF="http://en.wikipedia.org/wiki/Lost%2C_mislaid%2C_and_abandoned_property" REL="nofollow"><BR/>Lost, mislaid, and abandoned property</A><BR/><BR/>I also heartily recommend Bruce Ziff, <I>Principles of Property Law</I>, which is the best Canadian introduction to property law. I'm sure future editions will make mention of the <I>Tim Hortons Cup Case</I><BR/><BR/>regards, cat`Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-10757771.post-1142187901285387322006-03-12T13:25:00.000-05:002006-03-12T13:25:00.000-05:00The lawyers are really trying to squeeze all the c...The lawyers are really trying to squeeze all the cash out of this one. Himself was chatting with an RCMP officer aquaintence about this, the officer said the law is very clear: whoever threw it away doesn't own it anymore. Don't we have better things to use DNA testing facilities for?<BR/><BR/>I'm thinking the youngsters could likely have settled this in a far more sensible manner.tanker bellehttps://www.blogger.com/profile/09080888329110339975noreply@blogger.com