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Then we were referred to Parker v BA Board, been, not as it was there, but as, in the opinion of this court, it is in the present case." He had had to clear Customs and Security to reach the lounge. 509. InGrafstein v. Holme and Freeman(1958)12D.L.R. 5 minutes know interesting legal mattersParker v British Airways Board [1982] QB 1004 CA. He has the key to the front door. One might have expected there to be decisions clearly qualifying the general rule where the circumstances are that someone finds a chattel and thereupon forms the dishonest intention of keeping it regardless of the rights of the true owner or of anyone else. must be right as a general proposition, for otherwise lost property would be subject to a free-for-all in which the physically weakest would go to the wall. Thus they acquired a superior title than a finder of goods which are inadvertently left behind by passengers:Grafstein v. Holme and Freeman(1958)12D.L.R. They would have to show that they manifested an intention to exercise control over the area the 50 was found. The Committee recommended legislative action but, as is not uncommon, nothing has been done. Finders Keepers? A Historical Survey of Lost and Abandoned Property and Some question arose as to whether he was a trespasser, but the court held that at the time when he took possession of the pump he had the defendants permission to go on the land. I can understand his annoyance. The funadmental basis of this is clearly public policy. Article contents. The manifestation of intention may be express or implied from the circumstances including, in particular, the circumstance that the occupier manifestly accepts or is obliged by law to accept liability for chattels lost upon his premises, e.g. The Court would then have been faced with two claimants, neither of which had any legal right, but one had de facto possession. are treated like the occupiers of buildings for these rules. We are concerned to consider them in relation to a bracelet, obviously lost by its owner, found on the floor of the executive lounge at London Airport. South Staffordshire Water Co. v. Sharman[1896]2Q.B. The contractor similarly was bound to account to the building owner and the building owner, who was the occupier, was contractually bound to account to the corporation. 437;Moffatt v. Kazana[1969]2Q.B. In the instant case, the plaintiff was a passenger with a ticket and, thus, was not a trespasser. Mr Parker's claim is founded upon the ancient common law rule that the act of finding a chattel which has been lost and taking control of it gives the finder rights with respect to that chattel. Paul S. Creaghan, J. September 1, 1989. We know very little about Mr Parker, and it would be nice to know more. The common law right asserted by the plaintiff has been recognised for centuries. Perhaps the nearest case is that ofMerry v. Green(1841)7M. & W.623, but it differs in many respects from the present. 44, 4647, City of London Corporation v. Appleyard[1963]1W.L.R. Pratt C.J. 982. The fundamental basis of this is clearly public policy. We were also referred to two Canadian authorities. On November 15, 1978, the plaintiff, Alan George Parker, had a date with fate and perhaps with legal immortality. And it makes no difference that the possessor is not aware of the things existence It is free to anyone who requires a specific intention as part of a de facto possession to treat this as a positive rule of law. Mr. Holme found a locked box in premises which Mr. Grafstein had acquired as an extension to his store. McNair J. upheld the corporations claim. It follows that the plaintiff is entitled to possession of the pump, unless the defendant asserts and proves a title to the pump superior to that of the plaintiff. The court did not decide the issues upon the basis that Messrs. Holme and Freeman were the employees of Mr. Grafstein acting within the scope of their employment, and LeBel J.A.