Asked by Sherwin Sanpedro on Jun 26, 2024

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What is meant by the concept of confusion in terms of acquiring ownership, and when and how is it applied?

Confusion

A state of being bewildered or unclear in one’s thoughts or feelings.

Ownership

The state or fact of exclusive rights and control over property, which can be an object, land/real estate, intellectual property, or another asset.

  • Understand the fundamental rules that dictate the acquisition of ownership through voluntary exchange, discovery, origination, and commingling.
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CF
Clandistine FurtiveJun 30, 2024
Final Answer :
Acquiring ownership through confusion involves only fungible goods. Fungible goods are goods for which one unit of the good is essentially the same as every other unit, such as grains of wheat or gallons of oil. If two people accidentally comingle their fungible goods, or if the goods are comingled because of the actions of a third party, each party is entitled to the percentage of the fungible goods that he contributed. However, if one of the parties was responsible for the comingling, and that person cannot prove what percentage of the comingled goods she contributed, then the innocent party acquires title to all the goods. For example, if a farmer had stored grain in a rented storage elevator, and another farmer wrongfully added his grain to the elevator, the innocent farmer would be entitled to the entire amount in the silo.