Gold bracelet found by a passenger (Parker) on the floor of the British Airways (BA) executive lounge at Heathrow Airport. Parker brings it to BA in case the original owner comes looking for it. When no one comes looking for it, BA sells the bracelet. Parker sues BA. BA claims that it owned the lounge and therefore had a legal right to the bracelet.
Should the claim proceed in finders or recovery? Who gets the bracelet?
In order for a person to assert a recovery claim, that person must demonstrate manifest control.
The claim is finders (Parker), not recovery (BA). BA was not excluding everyone from the lounge, only some people. For recovery to exist, there would need more control.
Decision in favour of Parker (plaintiff).