Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Who owns property question ?

Re: Who owns property question ?

Postby Smouldering Stoat » Tue Jul 18, 2017 10:21 pm

Of course there is a burden of proof. But the OP specifically refers to the wallet being handed in, not dumped outside. And the fact remains that the owner of the wallet is entitled to his money back, even if it is difficult to prove.
Smouldering Stoat
 
Posts: 6293
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Who owns property question ?

Postby theycantdothat » Wed Jul 19, 2017 9:01 am

tph wrote:I don't steal. The point I am making is that although technically the OP can claim the money there would be some burden on them to prove they were the original owner of the wallet.

Look at it from the point of view of the charity shop worker. You arrive at the shop in the morning and bring in all the items that we're left outside. As you are going through the items you notice £50 in a wallet. At that point someone comes up to you and says that's my wallet and I did not realise I had left £50 in it give it to me.

Would you hand it over no questions asked?


I think you may be missing the point here. The question is not about evidence, but about the principle involved.

Say you hand the wallet over to a volunteer in the shop and as soon it has changed hands (which has to be the moment when assignment of the wallet as a chattel takes place by delivery) you say: "Hang on a mo. I forgot to check if there was anything in the wallet. Can I have it back please to have a look?" In that case I think you are entitled to remove any cash or anything else left in the wallet. Is the position the same if you nip back into the shop an hour later? A day later? Difficult to see why not. There does though have to come a point (and I would not like to say when it comes) when you lose the right to get your cash back.
theycantdothat
 
Posts: 1145
Joined: Fri Nov 02, 2012 7:36 pm

Re: Who owns property question ?

Postby shootist » Wed Jul 19, 2017 10:09 am

You walk into a charity shop and donate your leather wallet. Did you say "Here is my wallet I am donating to you but if there's anything it it, it remains mine."? Or did you walk in, put the wallet on the counter and say "I'm donating this."? Basically, if it was the latter then the money is theirs, if it was the former and you said all that without checking inside the wallet then you should not be trusted with money in the first place.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 3539
Joined: Sat Aug 10, 2013 9:40 pm

Re: Who owns property question ?

Postby dls » Wed Jul 19, 2017 10:27 am

I do not believe the scenario.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 12195
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Who owns property question ?

Postby atticus » Wed Jul 19, 2017 10:32 am

My understanding is that we discuss law. The scenarios discussed do not have to be actual real life occurrences. Imagine that the OP had begun his first post with the words "what if ..."
User avatar
atticus
 
Posts: 19701
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Who owns property question ?

Postby atticus » Wed Jul 19, 2017 10:33 am

iwanttoaskaquestion wrote:I would like to ask a question about ownership. IF I donate a nice leather wallet to a charity
and I forget to notice it has a £50 note in it. I then hand the wallet to the Charity and later
I see it has the £50 note in it when they find it. WHO does the £50 Note belong to ?. Surely
if I did not know it was there, but it clearly belonged to me, then I could not be said to have
donated IT as well as the Wallet ?. OR Could I ?.

Thanks
User avatar
atticus
 
Posts: 19701
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Who owns property question ?

Postby shootist » Wed Jul 19, 2017 12:17 pm

IIRC, there are at least a couple of decided cases that pretty much reflect the situation in the OP.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 3539
Joined: Sat Aug 10, 2013 9:40 pm

Re: Who owns property question ?

Postby Hairyloon » Wed Jul 19, 2017 1:02 pm

shootist wrote:IIRC, there are at least a couple of decided cases that pretty much reflect the situation in the OP.

I believe I have heard of these also.
I believe tcdt has it exactly right. There is, I think, a question of intent, and the answer clearly resolves.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10016
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Who owns property question ?

Postby Labrador » Wed Jul 19, 2017 2:21 pm

When donating handbags purses and wallets would it not be common sense to check that there is no money or items inside?
I do :D
Labrador
 
Posts: 102
Joined: Fri Mar 31, 2017 1:43 am

Re: Who owns property question ?

Postby Hairyloon » Wed Jul 19, 2017 3:04 pm

Common sense is a rare animal.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 10016
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

PreviousNext

Return to Other Law

Who is online

Users browsing this forum: No registered users and 1 guest

cron