Property Loss

Traditional common law view of larceny required trespass (forceful taking). If the person willingly gave you their property, it was not considered a felony.

Defined as a trespass of goods.

Question addressed in Anon v Sheriff of London (1945); Also known as the carrier's case. A carrier opened a package of woad he was entrusted with to deliver to Southhampton. He abandoned the opened package in London. The sheriff gained property of the waif under common law rule. The merchant, however, was an alien under the protection of the king. There was no obvious trespass (forceful taking), since the merchant had willingly given the package to the carrier. Trespass was required for felony larceny. However, if the court found this to be a felony, the Sheriff would gain property rights under the common law rule. Two competing desires, one for increased punishment for this action, and one for international relations, formed the rules in this case.

This was the finding in the Carrier's Case (Anon. v The Sheriff of London).

Question was addressed in a 1529 statute distinguishing between property and charge. If property was given to a servant in the course of her employment, it was considered a charge, not a change in property possession.

This question was addressed in statutes created between 1742 and 1765.

Defined as a breach of trust