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Thread: Explain the rights and responsibilities of the finder of goods

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    Word Icon 35px Jpg.ashx Explain the rights and responsibilities of the finder of goods

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    Responsibility of finder of goods
    Q. Explain the rights and responsibilities of the finder of goods. When finder of thing commonly on sale may sell them. (1994) (2002)
    1. Introduction:
    Undue contract act finder of lost goods have some responsibilities and duties. His position is as a bailee. He becomes responsible for the custody of lost goods when he takes charge of the goods.
    2. Definition:
    According to Sec. 71.
    “A person who find goods belonging to another, and takes them into his custody, is subject to the same responsibility as a bailee.”
    3. Responsibilities or duties of the finder of lost goods.
    (I) Duty to find out the owner:
    He should find out the true owner of the lost goods.
    (II) Duty to take care:
    It is duty to finder of goods to take care as bailee should take care of his own goods.
    (III) Duty not to use the goods:
    The finder of lost goods should not use the goods.
    (IV) Duty not to mix the goods:
    He should not mix the goods to his own goods.
    (V) He must restore the goods to owner:
    If real owner is found he should restore the goods to him on demand.
    4. Rights of finder of goods:
    Following are the rights of finder of the lost goods.
    (I) Right to retain:
    He can retain possession of goods against every body until the true owner is found out.
    (II) Right to sue for reward:
    He can file suit against the owner to recover any reward which was offered by the owner for the return of the goods.
    (III) Right of sale when owner is not found:
    He has right of sale when owner is not found on the following circumstances.
    (a) When owner is not found:
    When owner is not found, he can sell the goods.
    (b) When owner refuse to pay the expenses:
    When owner is found but he refuses to pay lawful charge borne by the finder of lost foods.
    (c) Perishable goods:
    He can sell the goods if they are perishable.
    (d)When charges of goods amount to two thirds:
    When the lawful charges of the finder amount to two thirds or more of the value of the goods found.
    (IV) Suit for recovery of damages:
    If any one deprives finder of the lost good the possession of goods, he can file a suit for recovery of damages.
    5. Conclusion:
    To conclusion it can be said that, no one is bound to take lost goods but once he take the lost goods he becomes liable for them. Finder of lost goods is bound to take reasonable care of the goods and to find out the owner of the lost goods. So the responsibility of finder of lost goods is same as bailee.

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