Question

Mel is having a bad day. He got fired from his job and decided to go to Barnes & Noble to buy a job search book. In the parking lot, he defiantly stripped off his tie and threw it in the garbage can, vowing never to wear a tie again. While stripping off his tie, Mel unknowingly caused his wallet to fall out of his pocket as he was walking into the store. In the store, while looking through the Career section, Mel took off his suit jacket and laid it on a nearby chair. Not finding anything he wanted to buy, Mel left the store and went home in a stupor to contemplate his future. As Mel was leaving, Howie was walking in. He noticed the tie in the garbage can, grabbed it, and put it on. He then noticed the wallet. He grabbed that as well. While walking to the Home Improvement section, he passed the Career section. Noticing Mel's jacket on the chair, he tried it on and realized it was a perfect fit.

How does the law resolve the ownership rights in the tie, wallet, and jacket?

Answer 1

The tie is considered abandoned property and can be claimed by anyone, including Howie. The wallet is lost property and is expected to be returned if the owner can be reasonably identified. The jacket is mislaid property, and the premises owner should secure it for return to the rightful owner, who remains Mel.

Step-by-step explanation:

The question concerns the resolution of ownership rights pertaining to three items: a tie, a wallet, and a jacket in a specific scenario. In legal terms, these three objects represent different circumstances: the tie discarded into the garbage can would likely be considered abandoned property, which anyone could lawfully claim. Mel's intention to never wear a tie again supports the presumption that he has relinquished ownership rights. The wallet, on the other hand, is lost property, as it was unintentionally separated from Mel. If Howie finds the wallet and knows or can reasonably ascertain the owner, he is typically under a legal obligation to return it.

If he cannot, he may have right to keep it after certain conditions are met, such as turning it over to the police for a period. Finally, the jacket is mislaid property, deliberately placed somewhere by the owner but then forgotten. For mislaid property, the premise owner (in this case, Barnes & Noble) may take charge of the item with the obligation to return it to the rightful owner when claimed. Howie trying on the jacket does not imply a transfer of ownership, and Mel retains his rights to the jacket.