QUESTION 10
Jonathan, a law student, is walking home from class one evening when he picks up a cell phone next to the litter bin. He switches it on, and to his delight, finds it working. Which statement best describes Jonathan's legal position?
A.
Jonathan has acquired ownership over the phone by occupation by reducing it to his effective control.
B.
It is a trite rule in our law that no one can acquire ownership over a thing unless it is with the consent of the owner, so Jonathan cannot acquire ownership of the cell phone.
C.
Jonathan will acquire ownership over the cell phone if he can show effective control, animus domini and that the owner intended to abandon the cell phone.
D.
Jonathan has committed theft and must be arrested immediately