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Finder of Goods can sue the true owner of the goods for the :
- a)Expenses incurred in finding the true owner.
- b)Expenses incurred in preserving the goods.
- c)Reward announced by the owner if he had the knowledge of the reward.
- d)All of the above.
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Finder of Goods can sue the true owner of the goods for the :a)Expense...
The term “contract “ is defined in section 2(h) of Indian Contract Act ,1872 , as :
An agreement enforceable by law is a contract:
Thus for the formation of a contract there must be –
An agreement , and
The agreement should be enforceable by law.
Thus section 168 – 169, of the Indian Contract Act, 1872 talks about the rights and duties of a finder of any lost goods.
POSITION OF FINDER OF GOODS
According to section 71, a person who find goods belonging to another and takes them into his custody, is subject to the same responsibility as a bailee. Since the position of the finder of the goods is that of a bailee he is supposed to take the same amount of care with regard to the goods as is expected of a bailee under section 151. He is also subject to all the duties of a bailee, including a duty to return the goods after the true owner is found. If he refuses to return, he could be made liable for conversion.
RIGHTS OF FINDER OF GOODS
Section 168 and 169 confer certain rights on the finder of goods.
SECTION 168 – MAY SUE FOR SPECIFIC REWARD OFFERED :
The finder of goods has no right to sue the owner for compensation for trouble and expense voluntarily incurred by him to preserve the goods and to find out the owner, but he may retain the goods against the owner until he receives such compensation, and where the owner has offered a specific reward for the return of goods lost, the finder may sue for such reward, and may retain the goods until he receives it.
RIGHT OF LIEN
According to section 168, a finder of goods has no right to sue the owner for trouble and expenses voluntarily incurred by him to preserve the goods and to find the owner. He has, however, the right of particular lien in respect of those goods. He may retain the goods against the owner until he receives compensation for trouble and expense voluntarily incurred by him to preserve the goods and to find the owner
RIGHT OF CLAIMING THE REWARD, IF ANNOUNCED BY THE OWNER
It has been noted above that the finder has the right to retain the goods until he Is paid compensation for trouble and expense voluntarily incurred by him to preserve the goods and find the owner. In addition to that, where the owner has offered a specific reward for the return of goods lost the finder may sue for such reward and also may retain the goods until he receives it.
If the goods have already been found voluntarily, and then the owner of the goods promises to compensate the finder for his past voluntary services, the contract is binding and the owner is bound to pay the promised amount.
SECTION 169 – WHEN FINDER OF THING COMMONLY ON SALE MAY SELL IT:
When a thing which is commonly the subject of sale is lost, if the owner cannot with reasonable diligence be found, or if he refuses upon demand, to pay the lawful charge of the finder, finder may sell it –
When the thing is in danger of perishing or losing the greater part of its value,
When the lawful charge of the finder, in respect of the thing found amount to two-third of its value,
RIGHT TO SELL THE GOODS FOUND (SEC.169)
The finder of the goods has also been given the right to sell the goods found by him under certain circumstances mentioned in section 169. Such a right is available to the finder of the lost goods when the following conditions are satisfied:
If the owner of the goods cannot be found; or if he refuses to pay the lawful charges of the finder, and
When the good is in danger of perishing its value; or when the lawful charges of the founder in respect of the thing found amount to two-third of its value.
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Finder of Goods can sue the true owner of the goods for the :a)Expense...
All of the above options are correct because the finder of goods can sue the true owner for the expenses incurred in finding the true owner, the expenses incurred in preserving the goods, and the reward announced by the owner if he had the knowledge of the reward.
Expenses incurred in finding the true owner:
- The finder of goods may have to spend time, effort, and resources to locate the true owner of the goods. This can include conducting research, making inquiries, and possibly hiring professionals such as private investigators.
- These expenses can be significant, especially in cases where the true owner is difficult to locate or if the goods have been lost or abandoned for a long period of time.
Expenses incurred in preserving the goods:
- The finder of goods may have to take necessary measures to protect and preserve the goods until they can be returned to the true owner.
- This can include costs associated with storing, maintaining, and safeguarding the goods, such as storage fees, insurance premiums, and security measures.
- The finder should not be expected to bear these expenses on their own, especially if they have acted in good faith and with the intention of returning the goods to the true owner.
Reward announced by the owner:
- If the true owner has announced a reward for the return of the goods, the finder may be entitled to claim that reward.
- This serves as an incentive for individuals to make an effort to locate and return lost or stolen goods.
- If the finder had knowledge of the reward at the time of finding the goods, they can sue the true owner for the promised reward amount.
In summary, the finder of goods can sue the true owner for the expenses incurred in finding the true owner, the expenses incurred in preserving the goods, and the reward announced by the owner if the finder had knowledge of the reward. These options provide a legal recourse for the finder to recover their expenses and potentially receive a reward for their efforts.
Expenses incurred in finding the true owner:
- The finder of goods may have to spend time, effort, and resources to locate the true owner of the goods. This can include conducting research, making inquiries, and possibly hiring professionals such as private investigators.
- These expenses can be significant, especially in cases where the true owner is difficult to locate or if the goods have been lost or abandoned for a long period of time.
Expenses incurred in preserving the goods:
- The finder of goods may have to take necessary measures to protect and preserve the goods until they can be returned to the true owner.
- This can include costs associated with storing, maintaining, and safeguarding the goods, such as storage fees, insurance premiums, and security measures.
- The finder should not be expected to bear these expenses on their own, especially if they have acted in good faith and with the intention of returning the goods to the true owner.
Reward announced by the owner:
- If the true owner has announced a reward for the return of the goods, the finder may be entitled to claim that reward.
- This serves as an incentive for individuals to make an effort to locate and return lost or stolen goods.
- If the finder had knowledge of the reward at the time of finding the goods, they can sue the true owner for the promised reward amount.
In summary, the finder of goods can sue the true owner for the expenses incurred in finding the true owner, the expenses incurred in preserving the goods, and the reward announced by the owner if the finder had knowledge of the reward. These options provide a legal recourse for the finder to recover their expenses and potentially receive a reward for their efforts.
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Finder of Goods can sue the true owner of the goods for the :a)Expenses incurred in finding the true owner.b)Expenses incurred in preserving the goods.c)Reward announced by the owner if he had the knowledge of the reward.d)All of the above.Correct answer is option 'D'. Can you explain this answer?
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