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To: SmokingJoe
An item does not magically become "abandoned" (legally) when someone leaves it at a bar, nor can it magically become abandoned by speaking to someone who does not have the authority to abandon it.

I can't spell it out any more simply than that . . . and if you do not understand, then perhaps you should stick to watching lawyers on TV.

98 posted on 04/26/2010 6:06:20 PM PDT by 1rudeboy
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To: 1rudeboy
An item does not magically become “abandoned” (legally) when someone leaves it at a bar, nor can it magically become abandoned by speaking to someone who does not have the authority to abandon it

That someone(official Apple representative), DID have the authority to take the abandoned product back, speaking as a bona fide representative of Apple. They not only rejected the product, and they wouldn't even acknowledge that Apple had lost anything. Apple can blame someone else for their own utter stupidity and screw-ups

102 posted on 04/26/2010 6:13:31 PM PDT by SmokingJoe
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To: 1rudeboy; SmokingJoe

Bailment

A constructive bailment occurs when circumstances create an obligation for the bailee to protect the goods. With a constructive bailment, the bailment is implied by law. In the case of a tenant, roommate, or boyfriend or girlfriend abandoning property, an involuntary bailment might be created. Depending on the laws of the jurisdiction, the landlord or remaining tenants may have a duty to care for the property and return it to the abandoning tenant.

A bailment may also be a gratuitous bailment for which there is no payment. A gratuitous bailment occurs when someone finds lost property and protects it himself or places it in the custody of another, such as the police, until the lawful owner can be located.

Abandoned Property

If a bailment agreement is set for a fixed term and the bailor fails to claim the property at the end of the term, he may be deemed to have abandoned the property. Alternatively, the voluntary bailment be converted into an involuntary bailment. However, if there is no clear term of bailment agreed upon, the bailor will not be deemed to have abandoned the property unless the bailee gives him notice that he no longer wishes to possess and protect the property.

http://contracts.lawyers.com/Bailment.html



CAL. PEN. CODE § 485 : California Code - Section 485

One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.

http://codes.lp.findlaw.com/cacode/PEN/3/1/13/5/s485




123 posted on 04/27/2010 3:05:57 AM PDT by DoorGunner ("Rom 11: until the fullness of the Gentiles has come in; 26 and so, all Israel will be saved")
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