I remember that the idea of "found property" used to be an issue
in First Year Property classes.  But we may have a Catch-22.  Younger
people may not have covered it, and us oldsters cannot tax our
memory sufficiently to recall.  I do think Jordan's initial hypo would
be tougher if the employee found the $12 K rather than winning it in
a trade show competition.

At 05:03 PM 3/15/2000 -0500, Thomas Gossman wrote:
>Very interesting, Sally, and I think consistent since the officer
>was not in the course and scope of employment.
>
>        Tom
>
>Thomas L (Tom) Gossman
>FCL/HCOB
>Western Michigan University
>Kalamazoo MI 49008-3811
>(O) 616-387-5524 (Fax) 616-387-5710
>
>>>> [log in to unmask] 03/15/00 02:09PM >>>
>There was a much publicised BC case recently where an off duty
>police officer
>found ? $100,000 in a garbage bin in a park. Not surprisingly, no
>one came
>forward to claim it. The police said he could not keep it under the
>general rules
>that apply in this case because it would harm the reputation of the
>police etc..
>It was litigated (with a bizarre claim being put forward by a
>claimant who's
>lawyer refused to identidy him), and the officer got to keep the
>money. It was in
>the last couple of months.
>
>Sally
>
>Brad Sleeper wrote:
>
>> Jordan,
>>
>> It would certainly surprise me to find law supporting any claim
>of interest
>> in the prize by the employee.  Assuming from his expense
>reimbursement that
>> his presence at the show and conference was exclusively
>professional, and
>> that he wouldn't have been in a position to receive the ticket
>and
>> resulting prize without his employer's funding and duties, how
>could the
>> employee have any personal interest in any benefit derived from
>the show?
>> The intent of the donor, even if relevant, was to solicit the
>employer's
>> business, not the manager's personal patronage.  If the manager
>returns the
>> gift (and why would he? revenge? if I don't get to keep it I'll
>send it
>> back?), the valid claim may be by the employer for restitution.
>>
>> I'll await other more law-based reponses, but I have not run
>across any
>> legal (nor do I see any ethical!) support for the employee.
>>
>> Brad Sleeper
>>
>-----------------------------------------------------------------------------
>> Brad Sleeper                            Professor of Business
>Law
>> BB 307                                  email:
>[log in to unmask]
>> St. Cloud State University              telephone:  (320)
>255-4227
>> St. Cloud, MN  56301-4498               fax: (320) 255-4061
>>
>> To laugh often and much. To win the respect of intelligent
>people, and the
>> affection of children.
>> To earn the appreciation of honest critics and endure the
>betrayal of false
>> friends.  To appreciate beauty. To find the best in others. To
>leave the
>> world a bit better, whether by a healthy child, a garden patch,
>or a
>> redeemed social condition. To know even one life has breathed
>easier
>> because you have lived. This is to have succeeded.      - Ralph
>Waldo Emerson
>>
>>
>----------------------------------------------------------------------------
>
>Attachment Converted: "c:\eudora\attach\Thomas Gossman3.vcf"
>
Frank Cross
Herbert D. Kelleher Centennial Professor of Business Law
CBA 5.202
University of Texas at Austin
Austin, TX 78712