During a storm on Blue Lake, a boat sinks, but its owner Cappy survives. Cappy plans to return to the site of wreck to salvage its equipment and his possessions, but he delays. Meanwhile, Dick, an amateur diver, discovers the wreck and strips it clean of useful items. Cappy learns of the recovery and files a suit against Dick, claiming that the items are his. Dick responds that the sunken boat was abandoned and therefore he has good title to whatever he took possession of. What is the court likely to rule, and why?

Question

What will be an ideal response?

Answer 1

The court is most likely to rule that the property recovered from the wreck rightfully belongs to the boat's owner, because in this problem Cappy did not abandon the boat. Someone who discovers another's property can lay claim to it if it was abandoned. Abandonment requires an intent to give title to the property to the first person who discovers it. That intent is lacking in this problem, because Cappy intended to return to the site of the sunken boat and recover what he could from the wreck. There was no intent to pass title to whoever else might have stumbled onto the wreck and "discovered" it and its property. Thus, Cappy retained good title to the property of the boat, and Dick is most likely to be ordered to return it. Dick might also have argued that the property on the boat was mislaid or lost, but those arguments would likewise fail. Neither the boat nor its equipment qualify as mislaid or lost, and, even if they did, mislaid or lost property must be returned to its owner if the owner comes forward or is found.