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Who owns property question ?

PostPosted: Tue Jul 18, 2017 5:05 pm
by iwanttoaskaquestion
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

Re: Who owns property question ?

PostPosted: Tue Jul 18, 2017 8:08 pm
by tph
The wallet was donated along with it's contents. That it was not intended to do so does not change that fact.

Re: Who owns property question ?

PostPosted: Tue Jul 18, 2017 8:17 pm
by iwanttoaskaquestion
No I specifically said I was donating a "wallet" NOT a "wallet and contents"

Re: Who owns property question ?

PostPosted: Tue Jul 18, 2017 8:43 pm
by Smouldering Stoat
It is a mistake and the donor is entitled to restitution, otherwise the shop would be unjustly enriched. The same principle applies where too much change is given, or where a bank mistakenly pays money into the wrong account.

Re: Who owns property question ?

PostPosted: Tue Jul 18, 2017 9:04 pm
by tph
How would you prove you owned the donated wallet and the £50.

Re: Who owns property question ?

PostPosted: Tue Jul 18, 2017 9:07 pm
by atticus
The OP owns the wallet. The wallet contained the note. To suggest the note did not belong to the OP, in the absence of clear evidence that it did not, will not get you anywhere.

Re: Who owns property question ?

PostPosted: Tue Jul 18, 2017 9:09 pm
by tph
The OP did not say he owned the wallet.

Re: Who owns property question ?

PostPosted: Tue Jul 18, 2017 9:18 pm
by tph
Also technically you do not own money.

Re: Who owns property question ?

PostPosted: Tue Jul 18, 2017 9:31 pm
by atticus
FFS

Will you be running that defence next time you are in court accused of stealing a tenner, teepy?

Re: Who owns property question ?

PostPosted: Tue Jul 18, 2017 9:45 pm
by tph
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?