lOMoARcPSD|13097948
Sharman (14 May) - Lecture notes which are colour coded
Legal System: Legal Method and Institutions (University of Canterbury)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
Laws101
14 May 2019
Test on one of 7 cases
Read cases
Bridges- plaintiff bringing action against Hawksworth
Armory vs Delimiare- finder has the best right to the item
1. True owner
2. The Finder, never achieve top rights
Bridges – money dropped in public part of the shop
Place relevant? Or general rule apply?
Notes never in possession or in his care/protection of shop… finder has the better rights.
Patterson J- finder = better right
Elves- prehistoric boat
Company- finder- better right? No
Property owner carries the ultimate rights to items found on the property- under the surface
of the land.
The case is only the authority for the facts it is based on
Sharmon
QB Division
“manifest intention”- obvious and clear attention
“to exercise control over it and the thing things which may be upon or in it
Property owner- possession of everything on his/her property
Generally, a property owner can exclude others from property and maintain tight control
over their property
Court held in Sharmon that the rings found… property owner had the better right to rings
that the employee that was doing the cleaning job.
Employee- find something, property of the employer, they are working when they find that
item – like a cleaner. Property of person who
Contractor- private property
Employment issue- the council had employed Sharman to clean pool, contract, the council
was the employer.
2 aspects- mainly looking at general ownership of private ownership- property aspect.
Downloaded by Emma Grant ()
Sharman (14 May) - Lecture notes which are colour coded
Legal System: Legal Method and Institutions (University of Canterbury)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
Laws101
14 May 2019
Test on one of 7 cases
Read cases
Bridges- plaintiff bringing action against Hawksworth
Armory vs Delimiare- finder has the best right to the item
1. True owner
2. The Finder, never achieve top rights
Bridges – money dropped in public part of the shop
Place relevant? Or general rule apply?
Notes never in possession or in his care/protection of shop… finder has the better rights.
Patterson J- finder = better right
Elves- prehistoric boat
Company- finder- better right? No
Property owner carries the ultimate rights to items found on the property- under the surface
of the land.
The case is only the authority for the facts it is based on
Sharmon
QB Division
“manifest intention”- obvious and clear attention
“to exercise control over it and the thing things which may be upon or in it
Property owner- possession of everything on his/her property
Generally, a property owner can exclude others from property and maintain tight control
over their property
Court held in Sharmon that the rings found… property owner had the better right to rings
that the employee that was doing the cleaning job.
Employee- find something, property of the employer, they are working when they find that
item – like a cleaner. Property of person who
Contractor- private property
Employment issue- the council had employed Sharman to clean pool, contract, the council
was the employer.
2 aspects- mainly looking at general ownership of private ownership- property aspect.
Downloaded by Emma Grant ()
