What is the main difference in degree of interference?
• Conversion: Serious interference – denial of possession or title
• Trespass to chattel: Minor interference like touching or moving
What possession is required for conversion and trespass?
Conversion- right to immediate possession
Treapass- actual possession
Which case laid down the modern law on finding lost property?
Parker v British Airways (1982)
What were the facts of Parker v British Airways?
Parker found a bracelet in an airport lounge, handed it to BA staff, asked for it back if unclaimed. BA sold it instead.
What was the decision in Parker v British Airways?
The finder (Parker) had better title than British Airways and was entitled to the value of the bracelet.
When does a finder get legal rights over lost property?
Only when the item is lost/abandoned and the finder takes it into care and control.
Against whom does a finder have good title?
Against the whole world except the true owner.
What duty does a finder owe?
A duty to take reasonable steps to trace the true owner.
When does an occupier automatically win over a finder?
When the item is attached to or in the land.
Authority for items attached to land?
• South Staffordshire Water Co v Sharman – rings in mud → landowner wins
• Elwes v Brigg Gas Co – boat buried underground → landowner wins
Why did BA lose in Parker v BA?
They failed to show clear control over the lounge floor or a strict lost-and-found system.
What if the item is merely ON the premises (not attached)?
The occupier only wins if he has manifested clear intention to control everything on the premises.
Who owns items found by employees during work?
The employer, not the employee.
What was decided in Bridges v Hawkesworth?
Money found on a shop floor in a public area → finder had better title.
Can a finder just keep lost property immediately?
No. The finder must take reasonable steps to locate the true owner.
