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प्रश्न
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: According to law, a person who finds goods belonging to another and takes them into his custody, is subject to the same responsibility as a bailee. Bailee is a person or party to whom goods are delivered for a purpose, such as custody or repair, without transfer of ownership. The finder of the goods legally can sell the goods found by him under certain circumstances including the situation that the owner refuses to pay the lawful charges of the finder.
Facts: P, a college student, while coming out of a Cricket stadium found a necklace, studded with apparently precious diamonds. P kept it for two days thinking that the owner would notify it in a local newspaper. Since he did not notice any such notification, P published a small classified advertisement in a local newspaper. In two days’ time, P was contacted by a film actor claiming that it was her Necklace and requested P to return it to her. P told her that she should compensate him for the advertisement charges then only he would return it otherwise he will sell it and make good his expenses. The film star told P that she had advertised in a national newspaper about her lost Necklace which was lost somewhere in the Cricket Stadium. The advertisement was published for three consecutive days incurring a large expenditure for her. Mentioning all this she refuses to pay P and claims the Necklace back. Which among the following is the most appropriate answer to this?
विकल्प
As it was wrong on the part of P to bargain over a property belonging to a celebrity and he should have accepted some gift which might have been given by the film star and returned the Necklace instead of threatening her that he would sell it.
As the film star had notified in the newspaper, P ought to have read it and contacted her instead of publishing another notification. So he cannot claim any compensation.
P was requesting the film star for the actual expenditure incurred by him before returning the Necklace. This request is legally sustainable.
The film star was right in refusing P, as she did not offer any rew ard for anyone who would return the Necklace.
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उत्तर
P was requesting the film star for the actual expenditure incurred by him before returning the Necklace. This request is legally sustainable.
Explanation:
P was requesting the film star for the actual expenditure incurred by him before returning the necklace. This request is legally sustainable.
The founder of the necklace P made a lawful request to be refunded for the actual expenditure incurred on the advertisement. P is supported by legal grounds and has the right to claim for a refund.
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