Legal Definitions - lost

In a legal context, the term lost refers to several distinct situations:

• 1. Property that is beyond the owner's control and cannot be found.

  This describes items that an owner no longer possesses and cannot locate, even after making a reasonable effort to search for them. The owner has not intentionally given up ownership, but has simply misplaced or been separated from the item.

  • Example 1: A traveler accidentally leaves their laptop bag in a taxi and, despite contacting the taxi company and searching their belongings, cannot find it.

    Explanation: The laptop bag is considered lost because the owner no longer has physical custody of it, and its whereabouts are unknown despite a diligent attempt to recover it.

  • Example 2: A construction worker misplaces a valuable tool on a large job site, and after thoroughly searching the area where they were working, they are unable to locate it.

    Explanation: The tool is lost because it is no longer in the worker's possession or control, and a reasonable search has failed to reveal its location.

• 2. A person whose whereabouts are unknown.

  This refers to an individual who is missing and whose location cannot be determined by those who would normally expect to know where they are.

  • Example 1: During a crowded festival, a parent momentarily turns away and their young child is no longer visible in the crowd.

    Explanation: The child is considered lost because their location is unknown to their parent, who is responsible for their care.

  • Example 2: An experienced hiker fails to return from a solo trip in a remote wilderness area at the expected time, and subsequent attempts to contact them are unsuccessful.

    Explanation: The hiker is considered lost because their whereabouts are unknown, prompting a search and rescue operation.

• 3. In parliamentary procedure, a motion or proposal that has been rejected or not approved.

  This applies in formal meetings or legislative bodies when a proposed action or resolution fails to receive enough votes or support to be adopted.

  • Example 1: During a homeowners' association meeting, a motion to implement a new landscaping policy is put to a vote, but the majority of members vote against it.

    Explanation: The motion is "lost" because it did not receive the necessary approval from the members and therefore will not be adopted.

  • Example 2: In a legislative assembly, a bill proposing changes to tax law undergoes a vote, but it fails to achieve the required number of votes to pass.

    Explanation: The bill is considered "lost" because it was rejected by the assembly and will not become law in its current form.