a. Popov
and Hayashi were at a baseball game. Popov “caught” the ball, but was attacked
by the crowd for it, so it left his possession and rolled on the ground, upon
which Hayashi picked it up and put it in his pocket.
b. Popov
argued that he owned the ball because he caught it, then the attackers
(wrongful acts) forced him to lose it. And since he lost the ball due to
wrongful acts, he was the owner.
c. Hayashi
argued that he was not one of the wrong-doers, therefore he simply owned the
ball by way of finding it.
d. Since
both parties had equally strong claims to the ball, the judge ordered it to be
sold and the proceeds be divided.
e. Think
about whether the judge applied the law correctly?
Property
is NOT about the relationship between us and our “stuff”…but it is between us
and the State in regards to the “stuff”
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