LAW 201 Lecture Notes - Lecture 5: Bailment, Fee Simple, Easement
Document Summary
Use and enjoyment to exclusion of others (victoria park) Bailment, licences, and leases (dividing title and possession) Easement and covenants (non-possessory interests in land) Finder has better claim to all but true owner: amory v. delamirie. Even if the finder is a trespasser: bird v. ft francis. Finds bracelet in british airways executive lounge at heatrhwo, delivers to ba to hold for true owner, gives ba address in case owner is never found. Court said law is not clear; opportunity to rationalize the common law. No legislation that governs this question governed by principles that have evolved over time. Duty to extend and adapt the common law. Does not favor either finder or occupier: encourage efficient use of lost resources; don"t abandon them; encourage people to find them; permit ownership and exchange. Again, does not favor one over the other; only that someone should get these rights.
