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Question

John Hines is a janitor for the First Mercantile Department Store. While walking to work, John finds an expensive watch lying on the curb. John gives the watch to his son, Bill. Two weeks later, Martin Avery, the true owner of the watch, discovers of that John found at the watch and demands it back from Bill. Discuss who is entitled to the watch and why.

Answer 1

Most states have laws concerning found property. If it is over a certain value, it must be turned over to the police. If it is not claimed in a certain amount of time, then the finder is allowed to keep the item.

Therefore, the watch must be turned over to the owner.

Answer 2

In common law, the finder of lost property has a duty to look for the owner and is absolutely liable if he delivers it to anyone other than the true owner.

The duties and obligations of finders of lost property have been modified by statute in many states.

Depending on the state, the statute could be very different.

If it is a common law state then Martin Avery is entitled to it. Other statutes give a 6 month waiting period whereby if the true owner does not make an attempt for recovery then the finder may ber entitled to it but two weeks is fairly prompt.

Answer 3

It depends on what the law is in the area this happens, but ethically and morally, you have to right to keep property you know belongs to someone else just because you found it. If someone gave something away, they cannot change their mind and demand it back, but if they lost the item and request its return, the person who found it is certainly morally and ethically obligated to return it. If they do not, it is as bad as stealing the watch directly in the first place if they know who is the rightful owner and refuse to return it.

Answer 4

Bill is entitled to keep the watch. He has it.