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Legal Definitions - waif

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Definition of waif

Definition: Waif refers to an abandoned item whose owner is unknown. It can also refer to a homeless person, especially a woman or child who is a social outcast.

1. If a thief steals something and throws it away while running away, that item becomes a waif. At common law, if the waif was seized before the owner reclaimed it, the title vested in the Crown. However, today, the general rule is that a waif passes to the state in trust for the true owner, who may regain it by proving ownership.

2. In the thirteenth century, a woman who was declared a "waif" was considered a social outcast and had all the effects of outlawry.

These examples illustrate how the term "waif" can refer to both an abandoned item and a homeless person who is a social outcast.

A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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Simple Definition

Waif means something that has been abandoned and the owner is unknown. It could be something that was stolen and thrown away by the thief in fear of getting caught. In the past, if someone left their property or didn't try to get it back from the thief, the property would belong to the Crown. But now, the general rule is that the state holds the property in trust for the true owner, who can get it back by proving ownership. Waif can also refer to a homeless person, especially a woman or child who is a social outcast.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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Ethics is knowing the difference between what you have a right to do and what is right to do.

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