Finder Of Goods: Why Law Treats A Finder As A Bailee
- IJLLR Journal
- 58 minutes ago
- 2 min read
Shambhavi, Chanakya National Law University
ABSTRACT
The law of a finder of goods under the Indian Contract Act, 1872 is an interesting amalgamation of morality and duty, where obligations are created in the absence of a contract. This research paper explores why a finder of goods is considered a bailee, with emphasis on the quasi-contractual nature of this relationship. It starts with examining the definition of "lost goods" and the status of the finder, and then moves to study the quasi-contract and its purpose of avoiding unjust enrichment. The paper also explores the legal provisions, including the notion that a finder who takes goods into custody takes on the role of a bailee.
The study then delves into the detailed rights, duties, and responsibilities of the finder including the right to possession, lien, reward, and right to sell the goods in certain circumstance, and correlating duties such as duty of care, duty not to use the goods and duty to return the goods. It also includes references to relevant cases referred to in the material to conceptualise the doctrine. A critique is also carried out to determine whether this legal stance strikes the right balance between the finder and the owner of goods, analysing its merits and demerits.
The research is important as it shows how the law deals with practical situations through quasicontractual principles instead of contractual principles. It is suggestive of the implication that the law needs to evolve to ensure justice, accountability, and guard against potential abuse in informal contractual arrangements. In conclusion, this work helps in understanding the operation of quasicontractual principles in today's legal system and how they achieve justice by regulating relationships that are not consented to.
