Question

DT1: Lost vs. Mislaid

Let's start our first DT with something that we have all experienced---misplacing something whether a set of car keys, cell phone, business law book, or whatever. Why is there a distinction in the law between lost and mislaid property? Should someone who finds mislaid property in a public area of a store be able to recover it from the store if the true owner does not appear within a certain period of time to claim the property?

Answer 1

The explanation of lost and mislaid property is as follows:

1. Lost property is that which was not purposely i.e unintentionally lost by an owner. If such things were found on a sidewalk or in a park, then one might assume that the owner didn’t have the knowledge that they might have been left there. Mislaid property, on the other hand, is that which was meant for use, but was forgotten by the owner. The things might be considered mislaid if one found them on a seat at a restaurant, or a desk in an office.
2. The general expectation that one would have in relation to mislaid property is that typically that it will be turned in to the person owns or manages the location from where it was found. However, property owners may not be obliged to accept it. Thus, like in case of lost property here also one could end up retaining possession of forgotten items for an extended period of time.

The right to acquire and enjoy personal property is a quality or characteristic that is deeply imbedded in the human beings as per common law tradition. The sense of property i.e for its acquisition and enjoyment is inherent in the human beings. Closely related to this right of discovering and appropriating the property for their use and enjoyment is the right to pursue and reclaim such property when it is temporarily lost or mislaid. Therefore , the purpose of this distinction in law is to discover and understand the origin of the problems and to discuss the rights and liabilities of the parties in the situations which arise when property is lost, mislaid .

In the case of someone who finds mislaid property in a public area of a store he has no right ,In the case of mislaid property , if the original owner of the mislaid property is not available to claim it then that property belongs to the owner of the premises. Mislaid property is held by the owner of the premises in which the property is found as he is the "custodian" until the property is claimed and not the finder of the property. Therefore the finder will not be able to recover it from the store if the true owner does not appear within a certain period of time to claim the property.