Personal Property

Highly Private Locus

Areas that are considered highly private - like a home - give the owner of locus the right to possess the lost item - not the finder. However, areas open to the public do give the owner right to possession of lost items except against the true owner.

Treasure Trove

At common law, finders of treasure troves - even trespassers - acquired possession against everyone except the true owner. In Ohio and many states today follow the normal rules dealing with lost property. To be a treasure trove, the item must be gold, siver or in refined form and it must be concealed.

Gift Causa Mortis

Basically someone makes a sudden gift in anticipation of death. All the rules apply in terms of intent, delivery, and acceptance and it can only be for personal property. If you recover from your sudden illness, your gift can be revoked.

Exculpatory Clause

Clauses made to eliminate liability of a bailee. Clause cannot completely eliminate liability but can limit it if the limitation is known to the bailor. Such limitation is only effective against bailee's ordinary negligence.

Finder of lost property

Finder is entitled to possession of lost property except against the true owner. The finder must have possession of the chattel and intent to assume dominion over it.

Finder of Mislaid Property

Finder of mislaid property does NOT acquire possession. The owner of the locus in quo becomes entitled to the item in hopes that the true owner will return to claim the item. The owner of the store essentially becomes the bailee. Employees will NOT get mislaid in Ohio, will get Lost.

Trespasser

Items found by trespassers belong to the true owner. period

Negligence Bailment Standards

Sole benefit of Bailor = bailee liable for gross negligence Sole benefit of Bailee = even slight negligence Mutual benefit = ordinary negligence Modern Trend = ordinary negligence.

Lost vs. Abandon Property

The fact that property is lost or mislaid does not mean the owner meant to give up title. In fact, a person only gives up title when he intends to abandon his property through acts or omissions to carry out that intent. Courts look at where the property is found to determine whether the owner intended to abandon it. A person will obtain title through actual or constructive possession, control, and intent to assert ownership over the chattel. Lost Property - accidentally and involuntarily parted with the property Mislaid Property - intentionally placed but thereafter forgotten Abandon Property - owner intended to give up both title and possession through acts or omissions. AND the finder intended to acquire possession and title. REMEMBER Lost property - Finder prevails, even if found in locus. Mislaid Property - owner prevails.

bailment shit

Two part test: is there a bailment? Who's responsible. There's a bailment bailee has custody of item with intent to serve as bailee. A bailor (true owner) transfers possession of an item, but not title, to a bailee for a certain purpose. Bailee has exclusive right to possess chattel even against owner and creditors. Bailee must have physical custody and intent to excersise control Bailee must consent to possession - cannot thrust Baliee must have knowledge - not liable for stolen items in a car or coat, etc.

Employer / Employee

Unlike in other jurisdictions, property found by employees will belong to the employee, not the employer - except against the true owner.

Gift - clear and convincing evidence

Voluntary transfer of property without consideration or compensation. A promise to make a gift in the future is not binding. Inter-vivos Gifts are irrevocable (1) intent - must be immediate and not after death (2) delivery Constructive Delivery - impossible to deliver and surrenders control Written / symbolic - delivery good if writing is delivered even if actual is possible. (3) acceptance

Finders of Lost Property

has right of possession except against the true owner. Employees will win for lost property but not mislaid.