This preview shows page 1. Sign up to view the full content.
Unformatted text preview: tenths of the law’. That is, ‘possession’ by the finder
is a form of ‘property’ in the goods that is generally superior to all but the claim of the true owner, being
based on physical control and a clear intention to exclude all others. 851 ISSUE: Can possession be evidence of ownership? DECISION: Possession is some evidence of ownership
and will prevail over the claims of everyone in the
world except the true owner. As the goldsmith had
derived title through the boy, he could not prove he
had better title and so he failed.
COMMENT: The only person who can defeat the
claim of the holder of the goods is the person who can
prove title by evidence of a receipt. Where a person finds something in the course of their employment, they find that item for their employer.
The employment is seen as an effective cause of the finding of the item. However, where the employment is
incidental to the finding of the item—and it is often difficult to determine when the employment relationship begins and ends—the employee is entitled...
View Full Document
- Three '12