Nope, the girl who did the rolling is not entitled to anything unless the finder offers it.
Yep - it would be the same as someone helping a friend out by scratching a lottery ticket they bought for themselves…helping out doesn’t entitle you to anything, unless the winner offers it up as a thanks…
…however, ro, the girls already had an agreement to split the profits, therefore a contract was technically entered into…courts may not see it that way, though, as minors cannot legally enter into contracts without adult consent…
......but without her assistance no prize is discovered......in corpeus rexum 'finder's keepers' RE: whereas the first girl found a cup, the second girl (the roller) uncovered the prize......(the legal language is fake BTW).......
Another example is if I buy a coke and you have to peel the plastic thingy under the cap but I cant get it out because my finger nails are to short and I ask someone to do it. They are not entitled to anything unless I want to share
......possession is 9/10's.......by handing the cup over to the other girl does thi snot relinquish 'ownership'?......if not, then does the teacher not have a case as well?.......what is the statue of limitations on lost possession?.......
.......hehehe......I wrote snot.......
The girl who found it owns it!! Asking for help(although I dont know if help was asked for, or offered) Does not relinquish ownership!
See my post on the bottle cap!
...I suppose if she used wording to the effect of 'I can't get this, can you help'........still, in a perfect world they handled it as a team and should equally share the profits.....
Well the parents of the finder offered 5000$ the parents of the helper got greedy. I don't feel they are entitled to anything because she want not there when it was found.
OH!
Here is an example. If Paul Martin helped to count the votes. should they share the Prime ministership?
okay, now your starting to creep into my end of the rink, not only do you have the issue of ownership, the teacher claims he purchased the coffee, perhaps he was unaware of the contets and dint know he had to roll up the rim, numbnuts, so is he still the rightfull owner, and did the younger girl agree to split the prize with the older girl if it was a winner, if she did, then that is the way it is, however the issue will be who is actually entitled to it…my guess is the teacher if he can show ownership, otherwise, it will probably be split between the girls…
.......that's a really made-up example.....bet Tim Horton's has a policy that the prize can only be awarded to 18 or older recipients anyway so with all this publicity over who found it and who rolled it the prize is probably void anyway....
[url=http://sympaticomsn.ctv.ca/servlet/ArticleNews/story/CTVNews/20060308/tim_hortons_fight_060308]http://sympaticomsn.ctv.ca/servlet/Arti ... ght_060308[/url]
In case you haven't heard.
Nope. They have already said they are ready to give the prize. If it is legal to buy the product they have to pay. If it were beer they would say you have to be 18 but not for coffee.
Anyway they say they are waiting for the dispute to be settled to give the prize
ahhh, this is in quebec, they do not subscribe to the rest of the countries standard of civil law, they have some kind of charter of code or something in law......
SAY WHAT???
you know the civil code of quebec or something, the law is different in terms from the rest of the country......
No its not.
Every Provence has minor differences in its civil code but nothing to cover this.
Besides it doesn't matter what the law states, The lawyers will get involved, take it to court and the judge will rule on his interpretation of the law!
I'm still trying to figure out how my empty Tim Horton's cup ended up in St. Jerome, Quebec. I guess I'll have to contact my lawyer.
But seriously how greedy are some people. If the girls decided to share the prize that should be the end of the story. And the teacher should not have thrown the cup away without checking it first. If the girl hadn't have found the cup that cup would probably be in some landfill with the prize never to be given out. After he threw it away I don't see how he is entitled to it since the girl did find it in a public place. If it was still in his house that would be different.
yes it is…what may be precedent in the rest of canada is not in quebec, the civil code of quebec is unique and is what is used to decide the issue, the judge will interpret the code not precedent…there is a huge difference
I agree roughy, It was in public and she found it. Its his fault for not checking it before he threw it out.
finders keepers, losers weepers.