what are the rights and obligations of a finder of goods
Answers
Answer:
According to section 71 of Indian Contract Act, 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.
Explanation:
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