Question

Al finds an expensive watch as he is walking from the parking lot into school. The clasp looks broken, so he takes it to a jeweler to have it appraised. While pretending to look at the clasp, the jeweler’s employee removes one of the gem stones surrounding the watch face and steals it.

(a) If Al sues the jeweler and the jeweler’s employee for theft, will he succeed? If Tim, the true owner, sees Al in the jewelry store and confronts him with proof of his ownership does Al have to relinquish the watch to Tim?

(b) Assume Al knew the watch was Tim’s due to an inscription on the back of the watch. Is Al guilty of a tort, if he does not return the watch? Is he required to try to find Tim and let him know about the watch?

(c) Assume Tim knows he has lost the watch. He goes back to the parking lot to look for it but does not find it. Tim leaves for Florida the next day, and gives up his search for the watch. How does this affect Al’s rights to the watch. Explain how the law applies to the facts.

Answer 1

(a) At common law, a person who found lost personal property could keep it as Bailee until and unless the original owner comes forward. Hence, Al can keep the watch until the original owner comes. As a Bailee, he can succeed if Al sues the jeweler and jeweler's employee for theft because the finder has a duty to take reasonable care of the goods. If Tim comes forward with the proof of ownership, Al has to handover the watch to Tim because owner always have the highest priority rights.

(b) The finder shall make all the reasonable attempts to find the owner of the found thing. Hence Al has to make attempt to find Tim and let him know about the watch. Otherwise Al will be held guilty.

(c) When a thing or product is found and its owner cannot be reasonably locates or found, the finder may sell the goods subject to certain conditions. Hence, Al has the right to property on the watch, if he unable to locate the owner of the watch.