RIGHTS AND DUTIES OF FINDER OF LOST GOODS

• RIGHTS AND DUTIES OF FINDER OF LOST GOODS
• BUSINESS LAW
• BY DR SHASHI AGGARWAL
• BAILMENT

 FINDER OF GOODS

• A PERSON WHO FINDS THE GOODS BELONGING TO SOME OTHER PERSON AND TAKES THEM IN POSSESSION IS KNOWN AS FINDER OF GOODS
• ONCE A PERSON TAKES IN HIS POSSESSION THE GOODS FOUND HE BECOMES THE BAILEE OF SUCH GOODS ( SECTION 71)

·         DUTIES OF FINDER OF GOODS

1. MUST TAKE REASONABLE CARE OF THE GOODS.
2. TO FIND OUT THE REAL OWNER OF THE GOODS
3. SHOULD NOT USE THE GOODS FOR HIS OWN PURPOSE
4. SHOULD NOT MIX THE FOUND GOODS WITH HIS OWN GOODS
5. ALSO RETURN ANY INCREASE OF GOODS

• RIGHTS OF FINDER OF GOODS
• RIGHT OF LIEN :- HAS RIGHT OF PARTICULAR LIEN AND HE HAS THE RIGHT TO KEEP THE POSSESSION OF THE GOODS TILL HIS EXPENSES ARE PAID. HE MIGHT HAVE INCURRED THE EXPENSES IN PRESERVING  FOUND GOODS AND IN FINDING OUT THE TRUE OWNER BUT HE HAS NO RIGHT TO FILE A SUIT AGAINST THE TRUE OWNER FOR SUCH EXPENSES.
• RIGHT TO FILE A SUIT FOR REWARD : THE FINDER CAN FILE A SUIT TO RECOVER THE REWARD IF THE OWNER HAS OFFERED A SPECIFIC REWARD (SEC 168) AND HE MAY EXERCISE PARTICULAR LIEN THAT IS MAY RETAIN THE GOODS UNTIL HE RECEIVES THE REWARD
• RIGHT OF SALE OF GOODS :-
• IF THE OWNER CAN NOT  WITH REASONABLE DILIGENCE BE FOUND
• IF FOUND HE REFUSES TO PAY THE LAWFUL CHARGES TO THE FINDER
• IF THE GOODS ARE IN DANGER OF PERISHING OR LOSING THE GREATER PART OF THEIR VALUE
• IF LAW FULL CHARGES OF THE FINDER IN RESPECT OF THE GOODS FOUND AMOUNT TO 2/3 RD