FINDER OF GOODS

A person, who find goods belonging to another and takes them into his custody, is subject to the responsibility of taking due care of them and trying to find out the real owner of the goods. It is also to be remembered that the finder has a good title over the things found and that his right is enforceable against all except the real owner.



In the words of section 71 “A person who finds goods belonging to another and takes them into his custody, is subject to the same responsibility as a bailee”.


It is true that a person who comes by an article is not obliged to take charge of it, but if he does pick it up, he becomes a bailee.


Rights of finder of goods

The rights of finder of goods is given below

1. Right to receive compensation

The finder of goods has right to recover compensation for the trouble and expenses incurred in preserving.
Reading: Qualities of a Businessman

2. Right of lien

He can exercise his right of lien and may retain the goods until he receive the expenses incurred in preserving the property or for finding out the true owner.

3. Right to Sue

He can file a suit against the owner for any reward that might have been offered to give him.

4. Right of legal Action

The finder may take necessary legal action against third party who wrongfully deprives him of the possession of the goods.

5. Right of Selling

The finder has a right to sell the thing of another found by him under the circumstances given below. (See 169)
  • a. The thing found is commonly the subject of sale.
  • b. The owner cannot be found with reasonable diligence.
  • c. The owner refuses to pay the lawful charges.
  • d. The thing is in danger of perishing or losing the greater part of its value or the lawful charges amount to two thirds of its value.
Reading: How to take best from eCommerce?

Duties of Finder of Goods

The duties of finder of goods are given below:


1. Finding out the real owner

It is the duty of the finder of the goods to make possible effort in order to find out the real owner of the goods. He may retain such goods until he finds true owner by advertisement in case of costly thing.

2. Care to be taken by the finder

The finder is bound to take as much care of the goods lost as a man of ordinary prudence would under similar circumstances take of his own goods of the same bulk, quality and value as the goods lost.

3. Returning of goods

It is the duty of finder to return the lost goods to real owner when he receives reasonable compensation for his services he has rendered in respect of them.

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