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ownership query

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  • 21-05-2018 12:18pm
    #1
    Twelve Bar Blues
    Registered Users Posts: 161 ✭✭


    Hi all,

    I hope that this query is in line with the rules....

    Hypothetically speaking, say this scenario was in a mechanics workshop of some sort - car/lawnmower repairs..... whichever. If a business took in a job approx 2yrs ago and has been unable to contact the owner (of the lawnmower for eg.). Attempts would have been made via phone, letter, through the customers employer (as this is how the customer came to the workshop) but to no avail.

    The lawnmower has been sitting in the premises. How would the business owner deal with this? Can it become his property? Can it be sold?

    TIA for all and any assistance.

    Twelve Bar Blues


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    #2
    GerardKeating
    Registered Users Posts: 7,582 ✭✭✭GerardKeating


    Twelve Bar Blues wrote: »
    Hi all,

    The lawnmower has been sitting in the premises. How would the business owner deal with this? Can it become his property? Can it be sold?

    Did the Hypothetically buiness have anything in it's T&C that might cover this, many do state something like "uncollected goods will be dispose of after xx days".


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    #3
    Twelve Bar Blues
    Registered Users Posts: 161 ✭✭Twelve Bar Blues


    There was a sign up saying "Any items not collected after 1 year will be disposed of. We do not provide free storage."


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    #4
    drunkmonkey
    Registered Users Posts: 28,147 ✭✭✭✭drunkmonkey


    It's the lawnmore repair guys after 3mts as far as i'm aware, can't remember where i've seen it but I think it's somewhere in law. Could be just in the businesses T's & C's.


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    #5
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    drunkmonkey wrote: »
    It's the lawnmore repair guys after 3mts as far as i'm aware, can't remember where i've seen it but I think it's somewhere in law. Could be just in the businesses T's & C's.

    If you are going to post up something like that, you should back it up by reference to law or else people are going to have to assume that it is nonsense.


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    #6
    Twelve Bar Blues
    Registered Users Posts: 161 ✭✭Twelve Bar Blues


    I have taken legal advice. Thank you.


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    #7
    Claw Hammer
    Registered Users Posts: 6,205 ✭✭✭Claw Hammer


    When an item is left in for repair or servicing, the repairer becomes entitled to a repairers lien. He can retain the item until he is paid. In the absence of express terms in the contract, it will be implied that the items will be collected within a reasonable time. The duration of a "reasonable time" is a matter to be inferred from all the circumstances. It is most unlikely any business would be expected to retain items for more than 1 year.


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    #8
    GerardKeating
    Registered Users Posts: 7,582 ✭✭✭GerardKeating


    Claw Hammer wrote: »
    When an item is left in for repair or servicing, the repairer becomes entitled to a repairers lien. .

    Is that not American Law ???


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    #9
    Purple Mountain
    Registered Users Posts: 13,133 ✭✭✭✭Purple Mountain


    Could be that the owner has died :(

    To thine own self be true



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    #10
    Claw Hammer
    Registered Users Posts: 6,205 ✭✭✭Claw Hammer


    GerardKeating wrote: »
    Is that not American Law ???

    It is common law. Applies in all common law jurisdictions.


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    #11
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    Sales of Goods act covers it.


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    #12
    Peregrinus
    Registered Users Posts: 26,331 ✭✭✭✭Peregrinus


    Mr. Incognito wrote: »
    Sales of Goods act covers it.
    I don;t think it does. It deals extensively with the lien that an unpaid seller of goods has over the goods, but it says nothing about liens that can be exercised by people who are given possession of the goods in order to repair them or provide some other service in relation to them.


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