FOT Forum
FOT Community => General Discussion => Topic started by: franklin on July 11, 2008, 05:30:37 PM
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I used to have a bike that I broke in trying to repair it. I left it behind the last place I lived. I went back there a month later to see if, by a long shot, my bike was still there. It was. I was pretty happy about that. Even better, someone had fixed it. At this point I thought to myself, should I take my bike that someone else had reclaimed?
In the end I took it. A couple of days later I was back in that neighborhood and I saw a flyer posted for a stolen bike,tha tI am pretty sure is my stolen bike. This is where I am at now: I think I get to keep the bike in a finders keepers reversal, but I do feel a little guilty.
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I think you're in the clear. One month isn't long enough for someone to assume it was abandoned. People leave town for that long, etc.
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(http://i100.photobucket.com/albums/m1/theimann/Bike.jpg)
...did you have to break into their garage too to see if it was still there?
give it back you horse thief.
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I left it behind the last place I lived.......Even better, someone had fixed it.
I don't think you can claim ownership of that bike anymore.
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I left it behind the last place I lived.......Even better, someone had fixed it.
I don't think you can claim ownership of that bike anymore.
If a car is broken down on the side of the road, I replace the alternator and drive it away, is it rightfully mine? How dare you!
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I left it behind the last place I lived.......Even better, someone had fixed it.
I don't think you can claim ownership of that bike anymore.
I have to agree. It sounds like you intentionally left the bike behind, and that's important. If I intentionally leave my cell phone or something on the ground and don't come back for a month, I'm essentially giving it away. It would be one thing if it was in the same condition you left it in, but the fact that someone fixed it and felt that it was theirs enough to post a flyer when it was "stolen" means that ownership essentially passed to that person. Plus, it's like you're now stealing that person's repair services. But it's still a step above outright just stealing a random person's bike.
If a car is broken down on the side of the road, I replace the alternator and drive it away, is it rightfully mine? How dare you!
No, but what if it's left for a month and the owner shows no sign of returning? If it was there for a day, it was probably left for logistical reasons, but if it was a month the owner presumably had every opportunity to retrieve it and chose not to do so. You could reasonably categorize it as abandoned. Taking it would still be morally questionable, but it would be at least somewhat justifiable.
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People leave bikes out for months at a time without abandoning them, especially in bike racks.
If it were a couch or a lamp, sure, it would be abandoned.
But some people only ride their bikes every so often. Also, bikes are stored outside. If I go on a one month vacation, have I abandoned my bike if I left it chained in a rack?
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But the difference is that people who leave their bikes on bike racks are still claiming ownership. By leaving it (presumably unlocked- it's different if it was) on purpose at a place he was no longer living, he was intentionally giving it up. He even said he didn't expect it to still be there. Sure, someone else doesn't know that, and you could argue that the person who adopted it wasn't on clear ground doing so, but when he took the bike back he was fully aware of the circumstances. And the fact that it was repaired makes a difference to me- it would be one thing to take away from someone the same thing they questionably received in the first place, but someone put time and effort into fixing it.
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But the difference is that people who leave their bikes on bike racks are still claiming ownership. By leaving it (presumably unlocked- it's different if it was) on purpose at a place he was no longer living, he was intentionally giving it up.
I agree, actually. I think this is key: I assumed the bike was locked up. You seem to be assuming the bike wasn't. If the bike was unlocked, he was giving it up - if it was locked, then the person who broke it/fixed it is in the wrong.
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About the repair... they did not put any extra parts or anything in to. They more or less new how to put the gears in to the appropriate place. I think that he repair and the amount of usage of the bike cancel each other out.
On locking the bike: This is the backyard of a place; excessible from the street, so I wasn't breaking in or anything like that (though the landlord coud have pressed trespassing charges. He chose to say hello instead.) The point being that it is not really a place that needs locking up. Also, if me taking the responsiblity to lock my bike is essential to it being rightfully mine, it should be so for the he person who fixed my bike, and presumably used it and wants it back; which they did not.
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Sounds like a case for:
(http://www.aolcdn.com/new_promos/dl_peoples_733x270.jpg)
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Doesn't the tricky question of intent factor in here? If you left the bike behind because, at the time, you thought you didn't want it anymore, and you then checked on it on a whim, found it repaired, and took it, then you stole it. If you left it with every intention of retrieving it later, then you could legitimately claim that you never relinquished ownership.
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Thing is, it sounds like the people posting the "stolen" signs might have no idea that it was the bike's (previous) owner who took it. If they knew that, they might cease considering it stolen themselves. Just claiming that it was stolen doesn't explicitly mean that they assume it belongs to them. It's just... it was around, and then it went missing. Pretty cut and dry. Can't really say that they believe it is their property now when they are not present in the discussion to say so.
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You moved out and left the bike at a strangers place for a month. That sounds like abandonment to me. It's no longer yours. Also, you should have knocked on the door and asked for the bike, instead of taking it.
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You moved out and left the bike at a strangers place for a month. That sounds like abandonment to me. It's no longer yours. Also, you should have knocked on the door and asked for the bike, instead of taking it.
But you don't seem to understand; had he done that, they might have suggested that the bike was not his to take. This way, hey.....new bike!
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You moved out and left the bike at a strangers place for a month. That sounds like abandonment to me. It's no longer yours. Also, you should have knocked on the door and asked for the bike, instead of taking it.
But you don't seem to understand; had he done that, they might have suggested that the bike was not his to take. This way, hey.....new bike!
I'm sure if he explained how the repair and the amount of usage of the bike cancel each other out
they would see that the bike is not rightfully....Nah...you're right....new bike!
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If I moved into my apartment and found a tv there with a broken part I'd assume the previous renter just left it for the next renter to deal with. If I decided to take the time to fix that part I'd be a little ticked if the previous owner came back and asked for it back since they were using my space to store it and since I'd already fixed it. But, I would give it back.
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Doesn't the tricky question of intent factor in here? If you left the bike behind because, at the time, you thought you didn't want it anymore, and you then checked on it on a whim, found it repaired, and took it, then you stole it. If you left it with every intention of retrieving it later, then you could legitimately claim that you never relinquished ownership.
This is a more concise version of what I've been trying to say.
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Doesn't the tricky question of intent factor in here? If you left the bike behind because, at the time, you thought you didn't want it anymore, and you then checked on it on a whim, found it repaired, and took it, then you stole it. If you left it with every intention of retrieving it later, then you could legitimately claim that you never relinquished ownership.
Ah ha, but how do we measure intent by an objective standard? What would the reasonable person think? Am I right, Samir?
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Oh, absolutely. Hence "tricky."
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I fail to see how this is tricky.
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Anytime in law where you talk about "intent," you either have to come up with a few objective standards that stand in for intent since we can't actually read minds or travel through time (and then, often, a judge can decide as a matter of law whether "intent" was met), or you have to ask what the "reasonable person" in the same situation as the person in question would have intended, or something along those lines (and then it becomes a question of "fact" and you ask a jury to figure it out) -- or is it what a reasonable observer would think the actor intended, upon observing the actions?
So anyway, the question really isn't what OP intended, but what intent his actions manifest.
I still say that leaving a bike somewhere a month doesn't manifest an intent to abandon, since I sometimes go a month without riding a bike. But the situation is different if it wasn't locked up, or was in someone's backyard, etc, which later comments make me think is the case. I need pictures.
And whether or not you'd be justified in taking a bike back, don't you wonder if maybe the people who found the bike might have needed it more, economically? That's a different question.
I am reminded of the Simpsons "Bobo" episode.
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I say cut through all this legal crap and do what the tiny, tiny little voice in your head says is right. (You know you did wrong, son.)
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I say cut through all this legal crap and do what the tiny, tiny little voice in your head says is right. (You know you did wrong, son.)
Thumbs up to that. I bet the person who you "stole it from" will tell you to keep the bike. Maybe give him a few bucks for the repairs he did.
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Oh, absolutely. Hence "tricky." freaky
Fixed!
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I say cut through all this legal crap and do what the tiny, tiny little voice in your head says is right.
you think he should listen to Timmy von Trimble?