FINDER OF GOODS

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Q-5:     Explain Finder of goods and its rights.

Ans:    FINDER OF GOODS

Finder of goods is the person who finds some goods, which do not belong to him.

EXAMPLE

If X finds a purse or a diamond or a watch which does not belong to him he will be called as finder of goods.

RIGHT OF A FINDER OF GOODS

The rights of a finder have been shown below in Fig

 

 

(a)        RIGHT TO LIEN [SECTION 168]

The finder of goods has a right to retain the goods found until he receives the compensation for trouble and expenses voluntarily incurred by him.

 

(i) To preserve the goods and     (ii) To find out the owners.

It may be noted that the finder of goods has no right to sue the owner for such

compensation.

 

(b)        RIGHT TO SUE FOR REWARD [SECTION 168]

Where the owner has offered a specific reward for the return of goods lost, the finder has a right to sue the owner for such reward and to retain the goods until he receive it.

 

(c)        RIGHT TO SELL [SECTION 169]

A finder of goods has right to sell the goods founds under the following circumstances.

(i)         If the owner cannot with reasonable diligence be found; or

(ii)        If the owner when found, refuse to pay the lawful charge of the finder; or

(iii)       If the goods are in danger of perishing or losing the greater part of their value; or

(iv)      If the lawful charges of the finder in respect of goods found, amount to two-third of its value.

 

DUTIES OF A FINDER OF GOODS [SECTION 171]

At finder of goods is subject to the same responsibility as a bailee. The duties of a finder of goods have been show in fig:

 

(a)        DUTY TO TAKE REASONABLE CARE

The finder of goods must take reasonable care of the goods found like a person of ordinary prudence,

 

(b)        DUTY NOT USE FOR PERSONAL PURPOSE

The finder of goods must not use the goods found for personal purpose.

 

(c)        DUTY NOT MIX WITH HIS OWN COOPS

The finder goods must not mix the goods founds with his own goods.

 

(d)        DUTY TO FIND THE OWNER

The finder of goods must find the owner of the goods found and return those goods to him, of course to his lien. For example, X a guest, found a diamond ring at a birthday party of Y, X told Y and few other guests about it. He has performed his duty find the owner. If he is not able to find the owner, he can retain the ring as bailee.

Class: exercise 7: http://essaysheaven.com/ introductory techniques.
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