s the following person, who has a diamond in her pocket, in actual control of said diamond? Indicate the most CORRECT statement. A thirty year old person who is carrying the diamond for her friend, who owns the diamond, but whose pocket has a hole in it through which the diamond might be lost.
A.
Mala fide possessor
B.
Intention to hold for another not sufficient to hold for self
C.
Bona fide lawful holder
D.
Control is exercised by her with the animus domini
B. Intention to hold for another not sufficient to hold for self
To determine which statement is the most correct, we need to analyze the situation provided.
In this scenario, the diamond belongs to the friend of a thirty-year-old person who is currently carrying it. However, the pocket of the thirty-year-old person has a hole through which the diamond might be lost.
Based on this information, let's evaluate each statement:
A. Mala fide possessor: This term refers to someone who possesses an item with bad faith or malicious intent. Since there is no indication of bad faith or intent to possess the diamond for personal gain, this statement is not applicable.
B. Intention to hold for another not sufficient to hold for self: This means that if someone intends to hold an item for someone else, they cannot claim ownership or control over that item as if it were their own. Since the thirty-year-old person has the intention to hold the diamond for their friend, this statement seems applicable.
C. Bona fide lawful holder: This term refers to someone who is the rightful and genuine holder of an item. While the thirty-year-old person is carrying the diamond for their friend, they are not the real owner, so they cannot be considered a bona fide lawful holder. Therefore, this statement is not applicable.
D. Control is exercised by her with the animus domini: This Latin term "animus domini" means the intent to possess or act as an owner. In this case, the person is holding the diamond but with the intent to give it back to their friend. Therefore, they do not have the animus domini and cannot exercise control over the diamond as an owner would. Hence, this statement is not applicable.
Based on the analysis, statement B. "Intention to hold for another not sufficient to hold for self" is the most correct statement in this scenario.