Identify the general legal principle relating to finding, including reference to its primary source(s) relating to property
Question:
Identify the general legal principle relating to finding, including reference to its primary source(s) relating to property law in Australia with respect to the scenario below.
SCENARIO Emma is taking her son Arthur to a birthday party in TimeArena, a gaming hall in her local shopping centre. At the front desk, Emma and Arthur are given wristbands that indicate they have paid for entry. Immediately after walking through the turnstile at the entrance, Arthur runs off towards his favourite arcade game. Emma walks more slowly through the games - distracted by the lights of the pinball machines, she turns down a row of games that is much quieter than those in the centre of the hall. As she gets closer to the machines, she notices something shiny on the floor - it seems to be a gold necklace. She examines it, noticing engraving on the small gold pendant. "That looks important to someone, I should hand it in at the front desk" she thinks, slipping it into her pocket. At that moment, her son Arthur comes running towards her - "look what I found in the "Claw Machine"!... You know the one where you use a mechanical claw to pick up prizes - and drop them into the chute"? Arthur says excitedly at million-miles-an- hour pace. Before she could open her mouth to answer, Arthur hands her a small blue box. She gasps as she opens it - inside is a gold ring with a square blue gemstone. "This looks expensive" she thinks "and certainly not the usual prize you'd get from a Claw Machine". Once Arthur has joined his friends at the birthday party, Emma walks back towards the front desk. She notices signs posted around the hall that state "Please keep your valuable safe. TimeArena will not be liable for lost items. Please hand in any lost items to front-desk staff". She also notices a security camera mounted to the ceiling at various places. At the front desk, Emma speaks to Jade. Her badge says "trainee", and Emma guesses she is still in high school. "I've found this necklace on the floor near the pinball machines. And this ring was from the Claw Machine. Maybe someone has lost them"? "Umm" says Jade - "thanks, I'll put the necklace in lost property, but I'm not sure about the ring." Emma hands over the necklace. She puts the box with the ring in it on the front desk. "If no one claims them, I'd like to keep them please" Emma says, handing over her phone number. Jade takes the necklace to her supervisor but leaves the ring box on the counter by mistake. As she turns away, the man waiting behind Emma in the queue picks up the ring and puts it in his pocket. One week later, the company who services the Claw Machine contacted TimeArena. It turns out that one of their technicians had a ring in their pocket (intended for their girlfriend) when they last serviced this machine, and thinks it accidentally dropped in. After 6 months, no one has come forward about the necklace.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts