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I.Advice regarding Alice
Key legal issues arising from the facts:
In light of the present facts, two main issues seem to arise:-
- 1. Whether Alice has any right upon the watch she found lying on the floor of Bryce’s Shop (hereinafter called “the watch”)?
- 2. If so, has Bryce committed chattel trespass against Alice?
Legal Principles and their application to the present case:
The landmark case of Armory v Delamirieestablished the rule of finder’s right on private property. The case elucidates that each holder of the property has a right to possession enforceable against all except the ones with greater rights than that holder. The finder of goods has a right equivalent to bailment as per Common Law and thus, his right is enforceable against everyone except the true owner.
The facts reveal that Alice found the watch which she discovered while visiting Bryce’s shop which is evident of