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Not Give The Airline The Right Over All Things That Might Be Found On It

Chitrakshi found an earring in the lounge of an airline at the Lucknow airport where she was waiting for her flight. She handed it over to the airline staff stating she would claim it back if nobody else did within six months. The airline sold the earring after eight months. When Chitrakshi learns this, she files a case to recover the value. The court will likely order the airline to compensate Chitrakshi because whoever finds an unattended object can keep it unless the true owner claims it, and the airline was not entitled to sell the earring.

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Brijbhan Singh Rajawat
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52 views

Not Give The Airline The Right Over All Things That Might Be Found On It

Chitrakshi found an earring in the lounge of an airline at the Lucknow airport where she was waiting for her flight. She handed it over to the airline staff stating she would claim it back if nobody else did within six months. The airline sold the earring after eight months. When Chitrakshi learns this, she files a case to recover the value. The court will likely order the airline to compensate Chitrakshi because whoever finds an unattended object can keep it unless the true owner claims it, and the airline was not entitled to sell the earring.

Uploaded by

Brijbhan Singh Rajawat
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Property is generally deemed to have been lost if it is found in a place where the true owner

likely did not intend to set it down, and where it is not likely to be found by the true owner.
At common law, the finder of a lost item could claim the right to possess the item against any
person except the true owner or any previous possessors. Whoever finds an unattended object
can keep it unless the true owner claims that object. This does not affect the property owner '
s right to the ownership of the property on which the object is found. The right to ownership
of a property does not include the right to ownership of unattended objects on that property.

Chitrakshi is the CEO of a global management services company in Lucknow and is on her
way to Ranchi to deliver the convocation address at India's leading business school on the
outskirts of Ranchi. Flying business class on Go Air Airlines, she is entitled to use the lounge
owned by the airline in Lucknow Airport while waiting for her flight. She finds a diamond
earring on the floor of the lounge and gives it to the staff of Go Air Airlines expressly stating
that in the event of nobody claiming the ear-ring within six months, she would claim it back.
The airline sells the ear-ring after eight months.

1. Chitrakshi files a case to recover the value of the earring from the airline when she is
informed about its sale. Decide.
 Chitrakshi is not entitled to compensation because the earring was found on
the property of the airline and therefore, the airline is entitled to sell it.
 The airline must compensate Chitrakshi because owning the lounge does
not give the airline the right over all things that might be found on it.
 The airline must compensate Chitrakshi because while accepting the ear-ring
from Chitrakshi they had agreed to return it if nobody claimed it within six
months.
 Chitrakshi is not entitled to compensation because she did not claim the
earring after the expiry of six months and the airline waited for a couple more
months before selling it.
Explanation- Anybody finding an unattended object can exercise ownership
over them and therefore once Chitrakshi found the earring, it became her
property, and the airline should not have sold it to someone else without their
permission.
2. Assume now that Chitrakshi was only an economy class passenger and was not
entitled to use the airline ' s lounge. However, she manages to gain entry and finds the
ear-ring in the lounge. The rest of the above facts remain the same. Will her illegal
entry into the Lounge affect Chitrakshi' s right to keep the ear-ring (or be
compensated for its value)?
 Yes, the airline claims that Chitrakshi’s entry into the lounge was illegal and
therefore she has no right over anything she founds there.
 No, because Chitrakshi’s class of travel has no bearing on the outcome in
this case.
 Cannot be determined as we need to know how she was able to access the
airline’s lounge.
 None of the above.
Explanation- The fact that she was not allowed in the lounge makes no
difference to the adjudication that will be made by the court on the basis of
lost and found principles.

3. Assume that in the lounge there are numerous signboards which proclaim 'Any
unattended item will be confiscated by Go Air Airlines. Decide.
 Order the airline to pay compensation to Chitrakshi because the board in
the lounge cannot grant property rights over unattended objects to the
airline.
 Deny Chitrakshi compensation because the signboard makes it evident that the
airline, as the owner of the lounge, is exercising all rights over all unattended
items in the lounge and the ear-ring is one such item.
 Deny Chitrakshi compensation because she knew any unattended item
belonged to the airline.
 Order the airline to pay compensation to Chitrakshi because the property
rights of the airline are relevant only if the item is unattended. The moment
Chitrakshi found the earring, it belonged to her.
Explanation- Putting up the signboard does not make any difference to the
case as the principle specifically prohibits the owner of the land from '
claiming any ownership over the unattended property. The airline will pay
compensation to Chitrakshi because the board in the lounge cannot grant
property rights over unattended objects to the airline

4. Assume that the ear-ring belonged to Shweta and she claimed it back from the airline
when Chitrakshi get to know about it, she claims the ear-ring back from the airline as
she is the owner of the ear-ring now as she found it unattended. Decide.
 Chitrakshi has no right over the earring as it is claimed back by the
original owner.
 Chitrakshi has no right over the ear-ring as the ear-ring was found in the
airport’s premise.
 Chitrakshi can claim the ear-ring back as she found it unattended and she has
possession over it.
 None of the above.
Explanation- Chitrakshi can claim the right to possess against anyone but not
against the true owner so she has no right over the ear-ring.

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