While in class, Uliss placed his cell phone under his chair. At the end of class,...

While in class, Uliss placed his cell phone under his chair. At the end of class, Uliss could not remember where he placed the phone. Charlie, a classmate, found the phone under the chair and now claims ownership rights under the theory “ Finders are keepers”. In a conflict between Uliss and Charlie, who would win and why?

Expert Solution

This is case of “mislaid or forgotten” property and is not a case of “lost” property.

In this case Uliss’ cell phone will be regarded as a case of forgotten property in the eyes of law. Charlie picked up the phone at a public place which was the classroom. This is because the classroom will not be regarded as a premise of Uliss and will also not be considered a private premise of Charlie.

The law states that in the situation as mentioned above the owner prevails. The law states that in case when the mislaid or forgotten property is found in the premises of the owner or in other buildings then the owner will prevail.

Thus in this case as per the law and rules of “finders are keepers” Uliss will win as the cell phone will not be treated as a lost property but as a mislaid or forgotten property. Charlie will merely be an owner of the locus in quo and will only have a temporary right to the possession of the cell phone.

ekkarill92 answered 4 months ago

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