FINDER OF GOODS (Part of quasi contract)

According to section 71, a person who find goods belonging to another and
takes them into his custody, is subject to the same responsibility as a bailee.
Since the position of the finder of the goods is that of a bailee he is supposed
to take the same amount of care with regard to the goods as is expected of a
bailee under section 151. He is also subject to all the duties of a bailee,
including a duty to return the goods after the true owner is found. If he refuses
to return, he could be made liable for conversion.

RIGHTS OF FINDER OF GOODS

Section 168 and 169 confer certain rights on the finder of goods.

MAY SUE FOR SPECIFIC REWARD OFFERED:

The finder of goods has no right to sue the owner for compensation for trouble
and expense voluntarily incurred by him to preserve the goods and to find out
the owner, but he may retain the goods against the owner until he receives
such compensation, and where the owner has offered a specific reward for the
return of goods lost, the finder may sue for such reward, and may retain the
goods until he receives it.

RIGHT OF LIEN

According to section 168, a finder of goods has no right to sue the owner for
trouble and expenses voluntarily incurred by him to preserve the goods and to
find the owner. He has, however, the right of particular lien in respect of those
goods. He may retain the goods against the owner until he receives
compensation for trouble and expense voluntarily incurred by him to preserve
the goods and to find the owner

RIGHT OF CLAIMING THE REWARD, IF ANNOUNCED BY THE OWNER

It has been noted above that the finder has the right to retain the goods until
he Is paid compensation for trouble and expense voluntarily incurred by him to
preserve the goods and find the owner. In addition to that, where the owner
has offered a specific reward for the return of goods lost the finder may sue for
such reward and also may retain the goods until he receives it.

If the goods have already been found voluntarily, and then the owner of the
goods promises to compensate the finder for his past voluntary services, the
contract is binding and the owner is bound to pay the promised amount.

RIGHT TO SELL THE GOODS FOUND

The finder of the goods has also been given the right to sell the goods found by
him under certain circumstances mentioned in section 169. Such a right is
available to the finder of the lost goods when the following conditions are
satisfied:

1. If the owner of the goods cannot be found; or if he refuses to pay the

lawful charges of the finder, and
2. When the good is in danger of perishing its value; or when the lawful
charges of the founder in respect of the thing found amount to two-
third of its value.

DUTIES OF FINDER OF ANY LOST GOODS

If a person finds any lost goods he does not become the actual of those goods.
He, in fact, becomes a special kind of bailee in the sense that he has to take
care of the goods until the actual owner of the goods is found. Thus he
possesses same duties towards the lost goods as of a bailee.

1. Duty to take reasonable care of goods (section 151 & 152)

According to Section 151, the finder of goods should take such care of the
goods as a man of ordinary prudence would take of his own goods. If he fails to
act like an ordinary prudent man, he cannot be excused by pleading that he
had taken similar care of his own goods also, and his goods have also been lost
and damaged along with those of the ordinary prudent man.

2. Duty not to make unauthorized use of goods (section 153 & 154)

According to section 153, termination of bailment by finder of good’s act

inconsistent with conditions: – a contract of bailment is voidable at the option
of the actual owner, if the finder of goods make any unauthorized use of the
goods found inconsistent with the condition of the bailment.

4. Duty to return goods (section 160 & 161)

According to section 160, return of goods found on expiration of time period:

– it is the duty of the finder of the goods to return or deliver the goods found
to the true owner as per his directions before the expiration of the time period
specified by him.