Remedies for Trespass to Goods

Question 1

Trespass to goods remedy

Answer 1

Nominal damages even though chattel is not damaged or destroyed (Dymocks v McCarthy)

Question 2

Conversion remedy

Answer 2

Usually damages of full market value of chattel at time of conversion (Ley v Lewis)

Question 3

Detinue remedy

Answer 3

If D is not in possession then usually full market value of chattel and damages for its detention

However, if D is still in possession, P has choice of three options:

1. Judgment for value of chattel as assessed (Cooks Cars)
   - Deprives D of returning chattel
2. Judgment for return of chattel or assessed value
   - Assessed value or D has option of returning it
3. Judgment for return of chattel
   - D has to return chattel to P (Wade Sawmill)
   - Usually occurs if D is insolvent