Exceptions to search warrant requirements
How does a Person become liable to pay Damages?
It is worthwhile to know for what fault a person may expect to be called upon to pay damages in these and other cases. There are two types of wrong doing, intentional misconduct, and negli¬gence. These are the usual types and a plaintiff ordinarily has to prove either of them in order to succeed. Kentucky v. King
But there are special cases where he can succeed without proving that the defendant was guilty of such conduct. In the case in question, Rod had found the ring on the canal bank and it was worth $10. If his belief is that there is no one around at the time that he could ask if it belonged to them and he tried to find the owner of the ring but could not find anyone and he believed that he had taken all the necessary steps to discover the owner, then he cannot be guilty of theft. Sale of movable property can be made by delivery or by an oral contract to deliver it. A person who purchases immovable property has to examine previous title deeds by getting copies of them, if necessary, from the Registration Office in the locality. If he fails to do so, he cannot plead ignorance and get a better title than his transferor had. A sells land to B and receives the price. Suppose A had already sold it or mortgaged it to C. C's title will prevail over B's. B cannot complain, as he should have investigated the title of A before he purchased the land. But in spite of all reasonable care and enquiry a person may be deceived. If his transferor had no right to transfer the property, he gets no right to it. There are certain rules to protect him. Some illustra¬tions are the following: (I) A purchases property with his own money, but in the name of B. A is really the owner of the property, and B is only a name-lender. Suppose B without A's knowledge sells the land to C, a bona fide purchaser. C will get a good title against Blackstone, William (1765–69). Commentaries on the...
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