Wendy, a six-year-old girl, found a cup in the garbage located in her school’s playground. The cup was part of a major marketing campaign, which advertised that consumers were able to win a variety or prizes, with the grand prize being an SUV. Prizes are discovered when the consumer roll up the rim of the cup. Wendy, not being strong enough, had the help of an older girl, Rhonda, roll up the rim of the cup and it was discovered that the cup contained the grand prize. Since this, multiple claimants have come forward claiming the SUV. They include the parents of Wendy, the parents of Rhonda, Eugene—who has a receipt proving that he purchased the cup, and the school, where the cup was found by Wendy. Our company faces the issue of whom to give the SUV to. This case will have to look into who had the rights to the cup and therefore the right to the SUV.
The issue is determining which of the claimants has the best rights and ownership of the cup. Based on each of their interactions with the cup, who is presumed the title owner and will be allowed to receive the grand prize of an SUV? As well, since the cup was found, does the fundamental rule of where the finder assumes the greatest rights aside from the true owner apply?
Law, Application, and Counter-arguments:
According to the law, one way of potentially acquiring property is in the act of finding it. The fundamental rule is that if an individual finds a chattel or property, they hold the better right of the world except the true owner. However, this would also have to depend on the level of practicality and reasonableness of whether the owner can still hold their rights. In this case, the cup was found in the garbage, which is reasonable to assume that ...
... middle of paper ...
...e still not been a strong enough argument to claim title ownership of the cup because it would have still been open to the select public, and therefore unable to hold sufficient control over the cup.
It is reasonable to assume that Eugene intended on abandoning his cup when he threw it away in the garbage. Had he lost or misplaced it, and a judge accepts that there was no intention of abandoning the cup, Eugene would have still held onto his rights. This leaves the rights of the cup being passed to the parents of Wendy—acting on behalf of Wendy—because the fundamental rule of finding in terms of the true owner holding absolute rights does not apply. In conclusion, a court will likely conclude that the finder is the owner of the cup because the finder has the most rights over anyone else, other than the true owner, of which this case, abandoned the cup.
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