...___________________________________________________________________________ Question Presented Robert Landon a construction worker found an old wallet on top of an air duct behind the walls while renovating the second floor of Springfield College of Law. The wallet had $324 dated back to 1972 and no other identification cards. Would Langdon be successful in having the wallet declared to be “lost property” as opposed to “mislaid” and would he be entitled to the money as the finder of the wallet? Brief Answer Robert Langdon will not be successful in having the wallet declared as a lost property and he will have no claim to the money in the wallet. According to the general rule if the property is not found in plain sight and is concealed by some external barrier or there was a substantial effort required to find it, then the property is considered to be mislaid as opposed to lost. This is on the grounds that the owner of the property deliberately hid it in a place where it could not be found easily as opposed to lost property where the owner unintentionally loses his property. In the case of mislaid property, the possession of the property goes to the owner of the premises where it was found. Whereas in the case of lost property, if the property is not claimed by the owner within 12 months, the finder has the claim to the lost property. In this case, the cash was found in a wallet covered up on top of a pipe behind a divider which obviously demonstrates that the cash was concealed deliberately...
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...to declare a found wallet lost property in a situation where the wallet was found sitting on a top of a duct behind a wall where the wallet appears to have been located since 1972 and has not been claimed by its original owner? BRIEF ANSWER No, it not likely that Robert Langdon will succeed in his claim to the money found by him on the top of the duct because of the location where the money was found as well as the manner in which it was concealed. Here, since the wallet was found sitting on a duct, it was likely that the original owner intentionally placed the property in this location for safekeeping, with the intent to later return for it. STATEMENT OF FACTS Plaintiff, Robert Langdon, is a construction worker and an employee for Mason and Mason Construction Company. Currently, Mr. Langdon is working with fifteen other men on the renovation of the second floor at Cleveland-Marshall College of Law. His primary duty consists of plastering the walls of the law school with his fellow co-workers. In August of 2009, Mr. Langdon was working on the walls located in a far back corner of the second floor when he discovered a dusty item sitting on top of a duct that was behind the wall. Upon further inspection, Langdon found that the item was a faded brown leather wallet, which contained $324 but no other forms of identification. The dated currency caused Langdon to believe the wallet had been between the walls since approximately 1972, but he found no other evidence...
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...Robert Langdon v. Springfield College of Law (Lost/Mislaid Wallet) MEMORANDUM Question Presented This memorandum analyses whether Robert Langdon, a construction worker, working at the Springfield College of Law in Cleveland, Ohio, be entitled to the possession of the wallet found on top of a duct behind a wall as the finder of “lost” property or will Springfield be entitled to hold on to the money as being “mislaid”, and keep the recuperated amount once the applicable statutory time has passed? Brief Answer The Court is most likely to rule that the wallet was mislaid property and not lost property. The classification between lost property and mislaid property was established in Benjamin v. Lindner Aviation, Inc. and State Central Bank. “Property is lost when the owner unintentionally and involuntarily parts with its possession and does not know where it is,” whereas “Mislaid property is voluntarily put in a certain place by the owner who then overlooks or forgets where the property is.” There is substantial evidence for the wallet to be classified as mislaid property. The wallet was found on a duct behind a wall, which gives us an indication that that that the owner voluntarily put it there, and it is unlikely that the owner parted with it without the intention of doing so. Furthermore, the location and the manner in which the wallet was hidden, was such that it was apparently found after 43 years. Moreover, it was not found in a very conventional manner but in the process...
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...Lost and Found I remember reading something that said “The value of friendship is seldom known until it is lost". Wow! That statement is so true; I feel it in my gut. When you have someone in your life you just expect them to be there forever. That is not often the case, people and things have a way of disappearing. You must remember to treasure the good times because you can never get those times back. I am personally talking about pets, but it could be for anyone. I was just thinking about my dog that I have lost; it hurt so bad I felt like I would never recover. You may feel empty and so depleted of emotion but then something comes into your life that makes you light up. It happened to me and I hope it happens for everyone else who has faced a loss of some kind. About six years ago I had a beautiful dog named Bear; he was very furry and had the cutest squirrel like tail. I loved him tremendously; he was my playmate, and my best friend. Unfortunately Bear was an older dog and passed away over night which still shocked my whole family because he played like a puppy the night before I went to sleep. I was so devastated and could not stop crying, I told my mom through streaming tears that I never want another dog again. I was so distraught that I actually thought I would never again be able to love another dog. After a few months of grieving the loss of my wonderful dog Bear, I asked my mom if we could get another. I was shocked I felt this way but was pretty...
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...Chapters 48-50 Chapter and Web Work Activities Worth 250 Points Timely Due, Friday, April 11 @ 11:50 PM Please review your chapter readings BEFORE performing the below activities. Where applicable, please use the rules from the chapters and incorporate them into your analysis: Provide the legal rule, legal support, theories, and analysis from the text into your analysis. Use your Independent Legal Judgment and answer the questions using substantive law and legal theories. Arguments supported legally, are worth more than mere unsupported “personal opinions.” Written assignments will take more time for an individual to research and legally respond; please plan your time accordingly. These assignments will also require time to grade. • Please do NOT erase the original instructions or questions • Pease do write directly onto this file in the tables provided. The table will adjust as you type your responses. • YOU MUST BOLD or use BLUE font for your responses [not both]. • For case problems: Please FULLY answer the questions presented for max credit; apply the rules discussed in your text; incorporate the rules into your response where applicable. Argue and analyze each rule as it applies to the given situation. Use textbook/PAGE references, within the context of your response • Papers that are EASY to READ are EASY to GRADE. • Presentation is important • DO upload this completed assignment as ONE PDF file; required. Here is PDF...
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...Taylor Whitaker Sullins/English 1101 9/10/13 Lost, but never found Based on a True Story Getting lost at 7 years old seems pretty scary, but being lost at 7 and never being found is even scarier. She was never abducted or ran away. She simply lost herself. It is hard for a 7 year old to realize that she lost herself. It would not be until a few years later when she realized. The worst part is that still to this day she still hasn’t found herself. At 7 years old, all a kid wants is love. Especially when they are scared, they want to run to their parents and have them love on them and tell them everything is going to be alright. One night the little girl got scared from having a bad dream. She ran to her mother’s room only to find her step dad. She thought nothing of it. She ran to him and he said everything would be alright and that moment time everything she had was gone. She lost herself. A piece of her was taken away. She did not understand it. She just wanted to be loved and told that everything was going to be okay. She never knew he was going to take something from her and that it would be lost. Forever. Five years have now come and gone. She still did not understand. Something was taken from her and something was taken from her almost every single day for the past five years. She struggled to figure it out. She struggled within herself to go on. She just simply never understood it. She lost herself by someone who she thought was supposed to love her, not violate...
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...In my younger and more vulnerable days, I had a queer habit, one which appears queer only now, in hindsight, but which seemed perfectly sensible and well-meaning to me back then. Perhaps it would suit my tale to first tell you that as a child, I had innumerable idols. Idolatry was my favourite pastime, and I even had a rule to it; I would have no more than one idol at a time. So on different days, weeks, or months, my idols would range from Shaktimaan and Kai to Ronaldinho and Tendulkar. You could term it as a “try and test” method. Now that I think of it, perhaps I was bending my own game’s only rule; there was always one person on whom my idolatry would fall back upon, if all else failed, a sort of a stock idol – my father. Which brings me back to my queer habit; now, since childhood, I had a very strong inclination to be perfect. A “very good!” on my class assignment often failed to satisfy me; I would always be looking for that elusive “excellent!”, and if there was to be a little smile or a star accompanying it, so much the better. So it was that I would make up my mind about an idol, think about how I would imitate the person (or character, as the case may be), and stand in front of a wall, focus my attention on a tiny speck somewhere on it, close my eyes, picturize the person or character, open my eyes, say “Now” loudly, and begin a new life, as it were. Seems like a tedious affair now as I write it down, but I remember it was simple enough, and was an exercise...
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...Creativity Essay Woodrow Prudhomme Excelsior College What is Creativity? What is creativity? Webster's dictionary defines creativity as the quality of being creative. According to Sir Ken Robinson, creativity begins with imagination. He states that “imagination is the ability to step outside of your current state, to bring to life what is unprecedented to our senses.” I do believe that creativity does in fact deal with the imagination. I myself, I have an overactive imagination. The ablilty to create things with a active imagination, has endless possibilities. Fostering Creativity What does it take to foster creativity? Many things can help foster creativity, but it just depends on the person. One of the best things to do for someone, is to allow them to flourish. To help foster creativity, change the environment. Environmental change may be the key to see what someone may be good at. For someone who may be constantly moving around when they heard music, then they may request to be a dancer. If someone is forced to paint in school and do not like to paint, change their environment. The environmental change may be just what that person needs. They may be more interested in music than painting. What May Discourage Creativity? There are different things that can discourage creativity in current society. According to Sir Ken Robinson's story of the 1930s dancer, the mother thought that her daughter had a medical condition...
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...remember memories can lead to confabulation, or filling in gaps, in a memory. In order to avoid this error, Marion Roach Smith, an expert on writing memoirs, states, “What you do is you define your territory by your areas of expertise.” This means that an author should only really write a memoir on a past life experience that is well-built in their mind and is effortless to convey to an inexperienced reader. The teen memoir titled, “Lost and Found” is a great example of what Smith means when “defining an area of expertise.” It it written...
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...Roanoke: The Lost Colony By Jessica Reimer Patricia Prince Comp156 12/15/13 What happened to the Roanoak Colony? This is the question asked by John White when he found the colony abandoned in 1590, and this is the questions asked by historians ever since. There are many theories as to what happened to the colony and are backed by differing facts that don’t match each other so that when looking at the situation as a whole there was no one answer. A new study, however, sheds some new light on the subject and shows that the colonists at Roanoak Island was integrated into the local Lumbee Indian tribes during one of the worst droughts of the area’s time. In 1587 Sir Walter Raleigh and John White created the first colony in Queen Elizabeth I’s time upon Roanoke Island. One hundred and seventeen colonists were with John White hoping to start a new life in a new land, but supplies were quick to dwindle. Sir Walter Raleigh had lost fifteen men at the hands of natives from a previous attempt to establish a military colony on the island. This made the potential for alliances with the local Native American tribes tense and uneasy; however the Hateras tribe was a friendly local tribe at the time and would have seen the potential in having an alliance with the settlers for weapons and potential political power. John White, named the Governor of the Roanoke settlement established in July of 1587, was forced to return to England to resupply two months later...
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...Lost and Found Policy and Procedures A. All Lost and Found receipt will be handled by Operations Supervisor assigned in the Site. B. Item(s) Found of Value, including Cash *Items including, but not limited to: • Backpacks • Cell Phones/Chargers • Computers/Laptops/Ipods • jewelry/watches • Personal identification (including driver’s license, passport, credit cards, Aramco ID, Iqama etc.) • Keys • Umbrellas • Wallets and Purses C. The Process: * If a passenger found an item(s), should immediately hand over to the driver or operations inspector then complete a Lost & Found Card, by: * Inspecting the item(s) in the presence of the person handing in the property, specifically itemizing all contents including money, credit cards, or other valuables. * Attaching a completed Lost & Found Card to the item and recording the Lost & Found Card numbers and details in the Lost & Found Logbook: * The operations supervisor receives will organize the item(s) in the Lost & Found Lock Box and Log the item/s in the Logbook, (typically in a manila envelope); make sure that the item has the Lost & Found Card attach to it. * If owner identification (name, phone number, etc.) is available from the found property, record the owner information in the Lost & Found Logbook. * The Operations Supervisor will write the owner in formal letter and record the communication attempts in the Lost & Found Logbook. * Operations Supervisor will organize the...
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...Housekeeping is termed as “Lost and Found” item. * There should be one dedicated location to receive lost and found items whether it is found in guestrooms, meeting rooms, public area or restaurants. * The lost items must be secured in a locked closet or area that has highly restricted access. * Employees are instructed to bring items to lost and found area, with valuables receiving immediate attention. * All items received to be recorded in a lost and found register. * All items regardless whether it is valuable, non valuable items and perishable items must be recorded on the Lost and found register. * Items should be put in a plastic bag noting the serial number from the register, place found, date, name of the person found the item etc. * Valuable items like Jewellery, mobile, wallets, laptops, ipads etc. must be stored in a locker. * If the Property management system has Auto trace functionality then put a trace on the guest profile stating the there is a lost item held with the housekeeping department. * Send Email to the guest to notify the guest about the lost item ( as per the hotel policy ) * When guest calls up the hotel to ask about the lost item, only the person who maintains the lost and found register should revert to the call. * Once the item is sent to the guest / collected by the guest authorized person an appropriate entry to be made on the system. Sample lost and found register: The lost and found items are classified...
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...December 8, 20041 1. PROPERTY - FOUND PROPERTY - CLASSIFICATIONS. - 197 S.W3d 5 The rights of a finder of property depend on how the found property is classified, and the character of the property should be determined by • HART and BAKER,B., would grant rehearing. FRANKS V. PRITCHETT 244 Cite as 88 Ark. App. 243 (2004) [88 evaluating all the facts and circumstances present in the particular case; the Arkansas Supreme Court uses the classifications of found property that were used at common law: abandoned, lost, mislaid, and treasure trove. 2. PROPERTY — ABANDONED PROPERTY — DEFINED & DISCUSSED. — 3. Property is abandoned when it is thrown away or when its possession is voluntarily forsaken by the owner, in which case it will become the property of the finder; property is also abandoned when it is involuntarily lost or left without the hope and expectation of again acquiring it; abandoned property becomes the property of the finder, subject to the superior claim of the owner. PROPERTY — LOST PROPERTY — DEFINED & DISCUSSED. — Lost property is property that the owner has involuntarily parted with through neglect, carelessness, or inadvertence and of whose whereabouts the owner has no knowledge; only if the owner parted with the possession of the property involuntarily and does not know thereafter where to find it, may the property be deemed to be lost property; property will not be considered to have been lost unless the circumstances are such...
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...our case scenario Bart and Alan bot reside in Boring, Oregon. Alan is the finder of Bart’s lost item before Bart offers a reward. In Contract law a reward offer is binding. In Property law a person has a responsibility to return lost personal property to its rightful owner. Issue: Is Alan entitled to collect a reward before he returns Bart’s object? Rule: MacFarlane v. Bloch, 59 Ore. 1 (Or. 1911) In the above mentioned case, one party found a pocketbook with a value of over $1,000.00. The finder made a concerted effort to locate the owner by taking out an ad in the local newspaper in the lost and found section of the classified section. The owner also placed an ad for a reward of $100 for the return of his pocketbook. The founder responded to the ad stating that he was in possession on the lost pocketbook. He was told that he needed to return the pocketbook or he would be arrested for larceny. The finder returned the pocketbook and sued for the reward that the owner placed on the return of the pocketbook. It was stated in this case that “the return of the property completed the contract and the owner was liable to offer reward.” When the reward was offered the finder had a lien for the payment against the property. It makes no difference in eyes of the law if the property was found first or if the reward was advertised first. The reward was for the return of the lost property and not for the actual finding of the object. In this case the owner was obligated...
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...of reward for return of lost object Relevant Facts Alan finds a lost object belonging to Bart. Alan intends on returning the object to the rightful owner. Bart, after realizing that he lost the object and after Alan finding it, offers a reward for the return of the object. The events have happened in Boring, Oregon. Issue Presented The issue at hand is whether a reward for the return of the object is binding when it’s made after the object has already been found by another person. Applicable Law In Oregon Supreme Court ruling MacFarlane v. Bloch, 59 Ore. 1 (Or. 1911), the court has sided with the finder of a lost pocketbook and demanded that the rightful owner pays a reward to the finder, after the pocketbook has been returned. The owner claimed that the pocketbook was found before the rewards has been announced, and that the finder delayed returning to pocketbook. “To entitle plaintiff to a reward for finding a lost pocketbook, it was immaterial that she found the book before the offer was made, the reward not being for the finding but for the return of the book.” MacFarlane, 2. The court decided that it was irrelevant when the offer for reward was made, as the reward is for returning the item to the rightful owner and not for merely finding it. The Oregon Supreme Court has also ruled in Watts v. Ward, 1 Ore. 86, 88 (Or. 1854), that the finder has a right to hold onto the lost property until a reward promised...
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