That is possession by the finder is a form of

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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...
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