Mini Memo 1

In: Other Topics

Submitted By daravnaduck
Words 1379
Pages 6
SATYAM SINGH
SECTION C
20141343
BA. LLB. 2014

TO: Faiz Tajuddin
FROM: Satyam Singh
DATE: September 16, 2015
RE: 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 of renovating and plastering the walls, and was accessible only on rigorous scrutiny by Langdon. The setting suggests that the wallet was left there purposefully i.e. mislaid and not left there by accident. Mislaid property is trusted with the owner of the premises…...

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