+clearpath Posted May 1, 2003 Share Posted May 1, 2003 Who owns the items that are collected in a traditional cache? [This message was edited by clearpath on May 01, 2003 at 02:58 PM.] Quote Link to comment
martmann Posted May 1, 2003 Share Posted May 1, 2003 I figure it's the next cacher to find the cache, but then only one item. Unless the cache is archived, then the cache owner, but a good one would distribute the archived contents to other caches. _________________________________________________________ If trees could scream, would we still cut them down? Well, maybe if they screamed all the time, for no reason. Click here for my Geocaching pictures Quote Link to comment
+Stunod Posted May 1, 2003 Share Posted May 1, 2003 I wondered if this might be concerning illegal/dangerous items left in a cache. Are you worried about the liability for them? "Just because I don't care doesn't mean I don't understand." Quote Link to comment
+clearpath Posted May 1, 2003 Author Share Posted May 1, 2003 quote:Originally posted by Stunod: I wondered if this might be concerning illegal/dangerous items left in a cache. Are you worried about the liability for them? Not concerned so much about liability as I am about cache maintenance and the ability to remove items from a cache. Say, to clean out the junk or to simply keep only items of a "theme nature" in the cache. "heck, that scares me and I'm fearless" Quote Link to comment
+oregonature Posted May 1, 2003 Share Posted May 1, 2003 You are responsible for the cache maintenance. This includes cleaning the 'garbage' items out of the cache. I don't like my caches to be full of broken Happy Meal toys, etc. I feel that if the contents are maintained to a certain standard then this promotes better quality items being left in all caches. Throw your garbage in a garbage can or your floor board, NOT my cache! Quote Link to comment
+The Leprechauns Posted May 1, 2003 Share Posted May 1, 2003 I will give a lawyer's answer: The cache is like a trust, and the cache owner is the trustee. A real trust is a separate legal entity, but it can't think for itself, it needs a trustee to take care of it. The trustee's job is to protect the trust's assets and to ensure that the trust is accomplishing its purpose. If the trustee takes the assets for itself, contrary to the terms of the trust, then the trustee is guilty of self-dealing and will get sued by the beneficiaries. Substitute "cache" for "trust", and "cache owner" for "trustee." The cache owner cannot loot the cache to take goodies for his own profit; that would be self-dealing. On the other hand, since the cache's purpose is to provide cool trade goodies for kiddies, or to provide items that match the theme of the cache, it is within the cache owner's "power" to remove an asset (trade item) from the cache, such as an illegal or dangerous item (protecting the cache), or an item not meeting the theme of the cache, a broken toy, etc. (ensuring that the cache serves its purpose). The "beneficiaries" of the cache trust are the entire geocaching community, and by placing a cache for everyone to hunt, the hider is in effect creating a trust and appointing himself as the trustee. He no longer owns the container or the trade items outright. So, uhhh, can you tell I'm still at the office, and I spent part of the day analyzing an issue of trust law? x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x Some mornings, it just doesn't pay to chew through the leather straps. - Emo Phillips Quote Link to comment
+oregonature Posted May 1, 2003 Share Posted May 1, 2003 So go ahead and 'sue' me for throwing away that broken Happy Meal garbage! He, he. Quote Link to comment
+The Leprechauns Posted May 1, 2003 Share Posted May 1, 2003 If your doorbell rings and you see a short, ugly, bald green man wearing a "trustee" badge and holding a tupperware container in one hand and a subpoena in the other hand, that'd be me. x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x Some mornings, it just doesn't pay to chew through the leather straps. - Emo Phillips Quote Link to comment
+TEAM 360 Posted May 1, 2003 Share Posted May 1, 2003 Good God...I knew it would come to this...now the lawyers have gotten into Geocaching! Is no activity sacred? Hey, can I sue for "cruel and unusual punishment" on a level 5 terrain cache? Quote Link to comment
+oregonature Posted May 1, 2003 Share Posted May 1, 2003 If the cache is placed in a field full of lava rocks and I leave my flesh at the cache site, can I sue the trustee?? Can you grab me a beer and some band-aids? Quote Link to comment
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