Monday, February 23, 2009

Bava Kamma 57 - Caring for the Lost Object, Too Much Responsibility? (Torts)

Is the finder of a lost object treated as a paid custodian, liable even if the object is stolen or lost, or as an unpaid custodian, liable only for negligence?

Ruling: if the finder returned it where the owner will see it, he is not obligated to deal with it further, but if it was stolen or lost, he is responsible. Doesn't it follow that it was stolen or lost from the finder's home, and he is thus a paid custodian? No! It was stolen from the place where he returned it, because he returned it in the afternoon, too late for the owner to see it.

Art: Lost In Thought by Marcus Stone

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