Case Name Element Facts Related to Element Element Met?

Client's Facts
2 1, 2 1, 2, 3, 4 pg# from which case?
Abandoned: Franks found $14,200 in motel Court said No b/c of Burt was checking inside of
thrown away or room drawer; plainly care in sorting and unused, unlocked trash bins; $40G
voluntarily fosaken visible/no effort to conceal but found in a drawer, not watch in good condition inside or
by the owner; also seemed to be knowingly on the floor. Dissenting on top of a t-shirt; true owner not
occurs when placed; room had been cleaned opinion did consider found; watch and t-shirt were
involuntarily lost or but no subsequent guest had this the most logical fairly new, so couldn't have been
left w/o hope of occupancy yet; tightly category b/c its in bins for that long.
Franks v. Pritchett recovery; becomes wrapped in masking tape w/ placement made
the property of the some of bills exposed; discovery imminent and
finder against all wrapped w/ care b/c all bills :. owner must have
except true owner. faced same direction; money relinquished claim and
not drug-related; not found interest.
lying on the floor; owner could
not have meant to be parted
from such a large amount.
Lost: owner Franks found $14,200 in motel Court said No Burt was checking inside of
involuntarily and room drawer; plainly b/c of care in sorting unused, unlocked trash bins; $40G
unintentionally parts visible/no effort to conceal but and found in a drawer, watch in good condition inside or
w/ property thru seemed to be knowingly not on the floor. on top of a t-shirt; true owner not
neglect, carelessness, placed; room had been cleaned found; watch and t-shirt were
or inadvertence and but no subsequent guest had fairly new, so couldn't have been
does not know where occupancy yet; tightly in bins for that long.
" it is; goes to finder wrapped in masking tape w/
unless true owner is some of bills exposed;
located. wrapped w/ care b/c all bills
faced same direction; money
not drug-related; not found
lying on the floor; owner could
not have meant to be parted
from such a large amount.
 Mislaid: owner Franks found $14,200 in motel Court said Yes b/c of Burt was checking inside of
intentionally puts room drawer; plainly care in sorting and unused, unlocked trash bins; $40G
property somewhere, visible/no effort to conceal but placement in a drawer, watch in good condition inside or
but then forgets seemed to be knowingly instead of on the floor. on top of a t-shirt; true owner not
where; it is presumed placed; room had been cleaned (Terry v. Lock, money found; watch and t-shirt were
to be left in the but no subsequent guest had found in the ceiling) fairly new, so couldn't have been
custody of the occupancy yet; tightly in bins for that long.
owner/occupier of wrapped in masking tape w/
" the premises on some of bills exposed;
which it is found; wrapped w/ care b/c all bills
owner of the faced same direction; money
premises is the not drug-related; not found
"gratuitous bailee" lying on the floor; owner could
w/ duty to use not have meant to be parted
ordinary care to from such a large amount.
return it to the owner
and who is
absolutely liable for
Treasure Trove: Franks found $14,200 in motel Court said no; stash isn't Burt was checking inside of
owner is room drawer; plainly old enough to be unused, unlocked trash bins; $40G
unknown/dead visible/no effort to conceal but considered treasure watch in good condition inside or
because money has seemed to be knowingly trove. on top of a t-shirt; true owner not
been hidden so long; placed; room had been cleaned found; watch and t-shirt were
it is found in the but no subsequent guest had fairly new, so couldn't have been
earth/house/private occupancy yet; tightly in bins for that long.
" place but not on the wrapped in masking tape w/
ground; title held by some of bills exposed;
finder against all but wrapped w/ care b/c all bills
true owner. faced same direction; money
not drug-related; not found
lying on the floor; owner could
not have meant to be parted
from such a large amount.
 Comparison
pg# from which case?
Highly unlikely that watch was
abandoned b/c it was in good,
almost new condition and
caught up in a t-shirt; location
and characteristics of discovery
denotes a careless or accidental
parting; owner could not
possibly have parted with it
voluntarily.

Good chance that watch was

lost b/c it was in good, almost
new condition and caught up in
a t-shirt; location and
characteristics of discovery
denotes a careless or accidental
parting (trash bins would be an
odd place to put something as
valuable as the watch); owner
could not possibly have parted
with it voluntarily.
Unlikely that watch was mislaid
b/c it was in good, almost new
condition and caught up in a t-
shirt; location and
characteristics of discovery
denotes a careless or accidental
parting (trash bins would be an
odd and insecure place to put
something as valuable as the
watch); owner could not
possibly have parted with it
voluntarily and knowingly.

No chance that watch was

treasure trove even though
owner could not be found b/c it
was in good, almost new
(certainly not old) condition and
caught up in a t-shirt; location
and characteristics of discovery
denotes a careless or accidental
parting (trash bins would be an
odd and insecure place to put
something as valuable as the
watch); owner could not
possibly have parted with it
voluntarily and knowingly.