Legal Definitions - mislaid property

Definition: Mislaid property refers to an external thing over which the rights of possession, use, and enjoyment are exercised. It is property that is intentionally placed somewhere by the owner but is then forgotten or left behind. It is different from lost property, which is property that the owner unintentionally leaves behind and does not know where it is.

Example: If a person goes to a coffee shop and forgets their phone on the table, the phone is considered mislaid property. The owner intentionally placed the phone on the table but forgot to take it when leaving. The coffee shop is responsible for keeping the phone safe until the owner comes back to claim it.

Explanation: The example illustrates mislaid property because the phone was intentionally placed on the table by the owner but was then forgotten. The coffee shop has a duty to keep the phone safe until the owner comes back to claim it because the owner did not intend to abandon the phone. If the phone was lost, the owner would not know where it is, and the coffee shop would not have a duty to keep it safe.