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Finders Keepers: How accurately does this old adage reflect the law in relation to lost items and found on or in English land - Essay Example

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Name: Course: Date: “Finders Keepers”: How accurately does this old adage reflect the law in relation to lost items and found on or in English land today? Introduction “Finders Keepers” is a maxim that has been applied to mean that an individual can take possession of an item he/she happens to find abandoned (Collier, 2006 p14)…
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Finders Keepers: How accurately does this old adage reflect the law in relation to lost items and found on or in English land
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Download file to see previous pages However, this maxim has been modified over the centuries to suit the interest of legal and ethical standards. The modifications have notably been on the area of determining when exactly an item can be defined as abandoned. This is because, lack of clear definition of this concept can accelerate the disputes involved in this maxim, since the real owner and the new owner can be engaged in a dispute over who has the legal mandate to make a claim on the item based on time. Most significant under this concept is the determination of the legal procedure applicable in claiming and taking the possession of an abandoned item. This maxim had been applied under the English law for many years. However, various modifications and changes have been made on this concept, to suit the legal definition of ownership and possession, with a view to allowing the rightful owner take possession of any property (Chambliss, 2011 p20). ...
that will be applied to analyze how well the adage is reflected in the current English laws is the evaluation of various resources such as books, journals and websites that give information relevant to this concept, with a keen interest on assessing how the concept can be interpreted and applied differently. Finally, the analysis will apply the argument strategy, where various aspects regarding the concept of “Finders Keepers” will be analyzed, assessing how best the principles under this concept have been applied, evaluating the disparity in its application under different circumstances. Finally, a comprehensive conclusion will be given, touching on the significant aspects of the concepts and displaying how the adage is applied under today’s English law in relation to lost and found items. Analysis, Application and Presentation Possession is the most significant concept under the “Finders Keepers” concept. The concept of possession determines who has the right to claim an item. It defines who has the legal right to sue for interference with a possession claimed by an individual (Collier, 2006 p23). Thus, for an individual to legally possess an item, they must qualify the physical and the mental control concepts. Under the physical control concept of possession, an individual is required to have a physical dominion over the item he/she attaches a claim (Card & Murdoch, 2011 p36). Secondly, the individual is required to have mental control, which displays the intent to own and retain the possession of an item. Therefore, to lay a claim as the rightful possessor of any item, an individual has to display the two forms of control (Collier, 2006 p29). These are the concepts that bring about the discussion regarding the “Finders Keepers” adage. When an ...Download file to see next pagesRead More
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