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However, there the occupier knew of the presence of the logs on the land and had a claim to them as owner as well as occupier. 1981 - Studocu CASE MATERIAL 1004 or parker british airways board no. In the present case the plaintiff could not be a true finder because when the bracelet was lost and before it was found the defendants had title as against an unascertained finder. British Airways now appeal. One might have expected there to be decisions clearly qualifying the general rule where the circumstances are that someone finds a chattel and thereupon forms the dishonest intention of keeping it regardless of the rights of the true owner or of anyone else. Sold house to Kazana forgetting about the money. This requirement would be met if the trespassing finder acquired no rights. People do not enter at will. Bridges v. Hawkesworth(1851)21L.J.Q.B. Parker v British Airways Board land University University of Birmingham Module Land Law (08 21215) 384 Documents Academic year:2019/2020 Listed bookLand Law Uploaded bylex brar Helpful? But under the rules of English jurisprudence, none of their decisions binds this Court. Hero1 year ago this is very helpful thank you AF Amber3 years ago very helpful and clear He showed it unopened to Mr. Grafstein and was told to put it on a shelf and leave it there. He also found a gold bracelet lying on the floor. The funadmental basis of this is clearly public policy. The finder has an obligation to inform the true owner that the item has been found and where it is by whatever means are reasonable in the circumstances. Where the borderline should be drawn would be difficult to specify, but I am satisfied that this case falls on the wrong side of the borderline from the defendants point of view. But, equally clearly, he was well aware of the adult qualification "unless the true owner claims the article". Dishonest finders will often be trespassers. Although the owner never claimed the bracelet, British Airways did not return it to Mr Parker. These steps were really taken by the defendant as the agent of the plaintiff, and he has been offered an indemnity, the sufficiency of which is not disputed. Furthermore, it was not a finding case, for the logs were never lost. I think that this is right. authorities, and requested that he be contacted if the owner was not found. Occupier: An occupier is a person occupying the building, land, etc. 142andGlenwood Lumber Co. Ltd. v. Phillips[1904]A.C.405. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. At that stage it was no longer lost and they received and accepted the bracelet from Mr Parker on terms that it would be returned to him if the owner could not be found. He sued British Airways in the Brentford County Court and was awarded 850 as damages and 50 as interest. The defendants now appeal. He was sitting in their lounge and found a bracelet on . (3d)546. Parker v. Parker, (1989) 100 N.B.R.(2d) 361 (TD) - vLex There could be a number of reasons. In the case the jeweller clearly had no rights in relation to the jewel immediately before the boy found it and any rights which he acquired when he received it from the boy stemmed from the boy himself. Clearly he had not forgotten the schoolboy maxim Finders keepers. But, equally clearly, he was well aware of the adult qualification unless the true owner claims the article. He had had to clear customs and security to reach the lounge. The rationale of this rule is probably either that the chattel is to be treated as an integral part of the realty as against all but the true owner and so incapable of being lost or that the finder has to do something to the realty in order to get at or detach the chattel and, if he is not thereby to become a trespasser, will have to justify his actions by reference to some form of licence from the occupier.