Question #1: On May 29, Cappy took his boat out on Blue Lake for a day of fishin
ID: 464990 • Letter: Q
Question
Question #1: On May 29, Cappy took his boat out on Blue Lake for a day of fishing and relaxation. At about 2:00 p.m., a violent storm blew in, and Cappy’s boat overturned and sunk. Cappy survived, and planned to return to the site of the sinking to salvage equipment and personal possessions that were in the boat. However, before Cappy could do so, Thomas, an amateur diver, discovered the wreck and stripped it clean of all useful or valuable items. Cappy learned of Thomas’ recovery of this property and filed a lawsuit against him. In the suit, Cappy claimed that Thomas wrongfully took possession of his property without his knowledge or consent. Thomas responded that since the sunken boat was abandoned, he now has good title and full ownership of everything that he recovered from the wreck. How is the court likely to rule, and why? Discuss in detail and explain your answer in depth.
Explanation / Answer
Cappy met with an unfortunate incident where he lost his all belongings and was unable to take all the belongings because of his nervousness. Thomas who is an amateur passed by the incident where he found the belongings and took away as per the law he is not suppose to carry the material which he has received rather he should hand it over to the police he is not liable to carry the material rather he shoild lodge and First information report and handover all the material to the police who would investigate and than handover the material to the concerned.Cappy when came to the site he saw that a genteleman named thomas has taken away his belongings cappy can launch a police complain and get his material back as this material does not belong to thomas he has no right to claim the material. Under the law if he do so by claiming falsely that this is his material he is liable to get prosecuted. The court would rule against thomas and order thomas to return his belonging without delay or shall be prosecuted in the court of law.