Hypothetical Question

Originally Posted by Mangudai954

Ok..

If Person A loses an item..
Then Person B finds said item but loses it before they can give it back..
Do they owe Person A?

On one hand Person A wouldn't of had it either way. On the other Person B was the one who last had it in their possession..


Discuss.
If A actually lost the item then B is NOT liable to A.  It depends where the item was found.  If it was found on a table or somewhere that seems someone misplaced it (not lost) then B would be liable.  If it was found on the ground, chances are that B has a claim to the item and therefore A does not have a cause of action against B.  
If B knew A lost it then it gets a little sticky.  B could be held liable based on conversion and/or trespass of chattels.  B would have to know that A lost it before he found it.  But I need the exact circumstances to determine whether B would be liable or not.  

note: T10 law school. 
 
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