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Reward for Return of Lost Item

In: Other Topics

Submitted By kikiv1979
Words 439
Pages 2
Re: Alan and Bart: Right to Reward
STATEMENT OF FACTS
Alan and Bart live in Boring, Oregon. Alan finds an object that belongs to Bart before Bart offers a reward for the return of the object. Under contract law, a reward offer is binding, so that the offeror of a reward must pay a person who completed performance for the offered reward. A person has a responsibility to return lost personal property to its rightful owner.
ISSUE
The case turns upon the question of whether Alan has the right to withhold the property from Bart pending a reward.
APPLICABLE LAW
The Supreme Court of Oregon held that it was irrelevant that the finder of lost property did not know about the reward offered for its return at the time of finding it, the court stating that "if the plaintiff really found and took possession of the goods, believing them to be lost, and with a purpose to preserve and return them if possible to the owner, she was in condition to claim the reward, upon complying with its terms." MacFarlane v. Bloch, 59 Ore. 1, 4 (Or. 1911).

Section 53 of the Tentative Draft of the Second Restatement of the Law of Contracts takes the position that “unless the offeror manifests a contrary intention, an offeree who learns of an offer after he has rendered part of the performance requested by the offer may accept by completing the requested performance.” 86 A.L.R.3d 1142, 5a

*There is some case law/statute that is a better second source for this assignment.
APPLICATION TO OUR CASE
In the case of Mac Farlane, the Supreme Court of Oregon decided held that “a finder of a lost pocketbook is entitled to a lien thereon for the amount of a reward offered for it.”
In our case, Alan found the object belonging to Bart before Bart offered a reward for the return of the object. Just like the facts in MacFarlane, there was no consideration for the promise, but the court held that...

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