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Original poster

Who is the owner of the item now?

26 replies

TheFoodtheFadandtheFugly · 18/09/2022 23:13

This is a neighbourhood social media chat. Everyone lives in the same avenue or in streets off of it. Typically messages of cats going missing/does anyone know a plumber etc. The main types of messages are people giving away items for neighbours to pick up.

Person A advertised an item on the chat that was a piece of gardening equipment.

Person B said they would have it and item was left out for them to collect and they do so.

Later on Person A sees item has been returned to their front garden. When asked, B explains they took item and tried it, but it did not work for the thing they needed, so they returned it.

Who is the owner of the item?

OP posts:
Alarm59 · 18/09/2022 23:15

I mean B should have just passed it on to someone else , A isn’t a shop with a returns policy

Slightlystressedbride · 18/09/2022 23:19

it did not work for the thing they needed

This is key. More info needed to judge.

Eg.
Item is a lawn mower. B wheels it home. It actually doesn't work. Fair enough to return it.
Or
Item is a wire frame. B bends it to support a flapping window. It doesn't really work out. B is out of order to return it.

TwinkleChristmas · 18/09/2022 23:21

I think B is just trying to be polite by returning it.

Testina · 19/09/2022 01:47

Sounds like the kind of question I was asked 30 years ago in a law school interview - apply logic rather than opinion on what makes most sense. I took a different course so opinion below not based on that study.

I’d say A offered it and B accepted it by physically taking it, so it belongs to B. Even if it’s not as described, I think it still belongs to B - but they now have recourse to other legal measures to redress that it isn’t what they thought they were getting.

A would be an arse to insist on that though!

Testina · 19/09/2022 01:50

“Item is a lawn mower. B wheels it home. It actually doesn't work. Fair enough to return it.”

It wasn’t sold as there was no consideration, but applying sold as seen principles then I’d disagree that they can return it.

If B had paid for it as working not sold as seen and wanted their money back, they’d have to rely on some law around that, and in order to rely on that - wouldn’t they have to legally be the owner to use that law? Just thinking aloud 🤣

I’m more interested in whether it’s kicking off on the village fb though!

Pixiedust1234 · 19/09/2022 01:55

Why didn't anyone communicate with each other?

Person B. Thanks for the item but it seems I can't use it. Do you want it back or shall I get rid of it?
Person A. No thanks get rid OR yes please give it back.

Why don't people talk anymore ??!

knittingaddict · 19/09/2022 02:23

A.

B did the right thing by returning it. Can you imagine the drama if B had given it away to someone else?

knittingaddict · 19/09/2022 02:26

A just needs to find someone who does want it. Annoying, but what other solution is there? A can't insist that B takes it back.

GobbolinoTheWitchesCat · 19/09/2022 02:45

B took on responsibility for it when they collected it and they own it. Buyer Beware applies here, if its unsuitable for them it's for them to dispose of properly.

B is being a CF.

Hawkins001 · 19/09/2022 02:58

B, but can understand their perspectives

Gingerkittykat · 19/09/2022 03:18

In the alternative scenario, B doesn't like the item and sells it on Facebook marketplace. B is now seen as a CF.

Ideally, B should have asked A what they wanted to happen with the item.

GobbolinoTheWitchesCat · 19/09/2022 03:22

Gingerkittykat · 19/09/2022 03:18

In the alternative scenario, B doesn't like the item and sells it on Facebook marketplace. B is now seen as a CF.

Ideally, B should have asked A what they wanted to happen with the item.

No, A would be the CF for assuming they still had any say about it

Mothership4two · 19/09/2022 03:23

Did other people on FB also want it? If so could understand B returning it.

Possibly B just thought they were doing the right thing. In an ideal world B should have said can I try it and A would have been able to say yes/no. Technically B 'owns' it

MegaClutterSlut · 19/09/2022 07:54

B now owns it but should've offered it back first, then got rid of it themselves if A didn't want it back

HairyMothballs · 19/09/2022 07:55

The owner is A, again.

deedledeedledum · 19/09/2022 08:01

What was the item OP? A could have put out a known broken appliance because they didn't want to pay the cost of taking it to the refuse yard. B found it was not working and returned it as it's not for them to pay to have it junked just because A was sneaky enough to get rid rather than take responsibility

arethereanyleftatall · 19/09/2022 08:29

It does depend on what the item is, but from your op, im guessing youre A, it was a big item which didn't fit in your bin, and requires a ball ache to get rid, so you don't want it back?
So, Initially you were both doing each other a favour.
I think some communication, initially from b, and no bitterness/negativity might have been useful here.
B 'thank you for item but it doesn't suit ' on group chat
A 'no worries, anyone else want it?'

As I'm typing, I'm thinking it's As responsibility, but B was a bit of an arse just to dump it back without saying anything.

Surtsey · 19/09/2022 08:47

A gave something to B.

B decided it wasn't suitable and gave it back again.

How hard can that be to understand?

Rogue1001MNer · 19/09/2022 08:51

I’m more interested in whether it’s kicking off on the village fb though!

Yup

Georgeskitchen · 19/09/2022 09:08

Rogue1001MNer · 19/09/2022 08:51

I’m more interested in whether it’s kicking off on the village fb though!

Yup

Me too. I love a good FaceyB bunfight.
My local one is always booting off 🤣🤣

Testina · 19/09/2022 09:11

Surtsey · 19/09/2022 08:47

A gave something to B.

B decided it wasn't suitable and gave it back again.

How hard can that be to understand?

Nobody doesn’t understand the sequence of events.
That’s not the question. The question is an intellectual discussion on legal ownership.
Do you want to contribute?

WelshNerd · 19/09/2022 09:17

B owns it and its responsible for disposing of it if they no longer want it.

However, some people do still feel ownership of items given away for free. Its hard to know if A is the type of person who would be offended if B chucked it or if A is now thinking they have to go to the hassle of getting rid of the item (again).

mumda · 19/09/2022 09:29

Round here, If the item is metal it'd now belong to the scrap man.

HappyPeach · 19/09/2022 09:30

B is not a cf. A owns it. Why on earth would A complain?

Testina · 19/09/2022 12:22

mumda · 19/09/2022 09:29

Round here, If the item is metal it'd now belong to the scrap man.

Yes, I assumed it wasn’t an obvious target for the scrappies 🤣

OP, you going to bother coming back?

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