Advise Donald regarding his legal position in relation to the axe, golden brooch and scratched lottery ticket.
Question:
Advise Donald regarding his legal position in relation to the axe, golden brooch and scratched lottery ticket.
Advise Inga regarding her legal position in relation to Little Rock.
Donald lives at a palatial mansion "MyLago". His neighbor, Ron, does not have much money. As an act of goodwill Donald lends his neighbor Ron his heavy-duty axe (a family heirloom given to him by his father) to chop down a dead tree on Ron's land saying
Ron you're welcome to borrow my axe to cut down that tree yourself but just ensure that you don't lend it to anyone else at all.
While leaving MyLago with the axe that Donald has lent him, Ron then notices a half-buried golden brooch which unbeknownst to him had actually been dropped by an unidentified guest at a recent party Donald had hosted at his house and subsequently been covered in earth after soil was deposited upon it. Ron then picks up the brooch to keep it for himself saying
Finders keepers
Later that day, despite Donald's instructions, Ron then lends the axe to his gardener Mike to cut down the dead tree on his land.
The next day, Donald drives to a nearby petrol station (owned and operated by his neighbor Ron) to refill his car's petrol tank. Before filling the car Donald notices an unscratched lottery ticket (whose owner cannot be identified) laying on the ground next to the petrol pump and then picks up the ticket and scratches the ticket to find that it carries an unclaimed prize of $100,000.
Ron, noticing that Donald had found the lottery ticket on the grounds of the petrol station adjacent to the petrol pump, then demands that Donald surrender the ticket to him, saying:
You don't need any more money Donald, and the ticket doesn't belong to you anyway. You need to give it to me
Donald's property MyLago is adjacent to another property "Little Rock" in which his neighbor Hillary had previously lived as the registered proprietor. The estate Little Rock comprises a cedar plantation and a large country house.
20 years ago, Hillary had moved overseas to conduct some important business telling her neighbor Donald to 'keep an eye' on Little Rock while he was away.
18 years ago, Donald - noticing that Hillary had still not returned - began to harvest cedar (a type of wood) from the cedar plantation at Little Rock to supplement his income.
16 years ago, Donald, experiencing serious financial difficulty, surreptitiously began to store valuable goods in the empty double garage of the country house at Little Rock as part of a self-storage business he established to earn additional income (Donald picked the locks to the garage to gain access at twilight when he would covertly move goods in and out of the garage).
12 years ago, Donald changed the locks to access the house on Little Rock with his own keys and began to live in the empty house during the summer season of every year, for three months per year, as he found it to be 'the ideal summer holiday retreat'. During this time Donald would host lavish outdoor parties at Little Rock to the consternation of his neighbor's who were exasperated by the loud noise caused by Donald's perpetual celebrations.
9 years ago, Donald met Hillary at a local restaurant to 'catch up' and submitted a written and signed offer he had hastily drafted on the back of a restaurant menu to purchase 'Little Rock' from her for $500,000. Hillary, insulted by the offer, told Donald that he was 'delusional' and that she would never sell him 'Little Rock'. From this date onwards, Donald then begins to live at Little Rock throughout the year until the present.
6 years Donald purports to convey any proprietary interest he has in Little Rock to his daughter Inga and Inga continues to use the property in the same manner as her father had used the property.
Hillary has now returned from overseas and at her instruction her lawyers have sent Inga a formal letter demanding that Inga cease occupying Little Rock immediately and surrender the keys to Hillary.
Inga refuses to cease living at Little Rock or to permit Hillary to access Little Rock.
International Business Law and Its Environment
ISBN: 978-1285427041
9th edition
Authors: Richard Schaffer, Filiberto Agusti, Lucien J. Dhooge