Meaning of Finder of Goods
A finder of goods is a person who finds goods belonging to another and takes them into their custody. Under the Indian Contract Act, 1872, Section 71 states that a finder of goods is subject to the same responsibility as a bailee. This means the finder is obliged to take reasonable care of the goods and return them to the true owner when found. Although the finder does not own the goods, the law imposes duties and confers rights to protect both the finder and the true owner.
Rights and Duties of Finder of Goods
The finder of goods must take the same care as a person would of their own property, as per Section 151. They cannot appropriate the goods for personal use, and they must try to trace the true owner. However, the finder also has certain rights: under Section 168, they can claim expenses incurred in preserving the goods; under Section 169, they have the right to sell the goods if the owner cannot be found after reasonable efforts, or if the goods are perishable or expenses exceed their value. This balances fairness between effort and ownership.
Importance in Law
The concept of finder of goods is significant because it encourages honesty and responsibility in society. It prevents misuse of lost property while ensuring the finder is compensated for effort and expenses. For law students, this provision demonstrates how Indian Contract Law extends the principles of bailment to situations where there is no formal agreement, thus ensuring protection of property and promoting good faith dealings.
Real-Life Example
Suppose Ravi finds a gold chain in a public park and safeguards it. He advertises in local newspapers to find the owner but no one claims it. Over time, Ravi spends money keeping it safe. According to Section 169, if the expenses exceed the chain’s value, Ravi has the right to sell it. This shows how the law balances the finder’s efforts with the rights of the true owner.
Mnemonic to Remember – “CARE-S”
To recall the essentials of finder of goods, use CARE-S:
- C = Care like a bailee
- A = Attempt to find owner
- R = Right to claim expenses
- E = Entitled to sell in certain cases
- S = Status same as bailee
Think of it as: “Finder CARES for goods until the owner is found.”
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