Trespass to Chattels

Question 1

Trespass to goods is an intentional and direct act which directly interferes with goods in actual or constructive possession of another. Name all of the elements of trespass to goods.

Answer 1

1. Actual or constructive possession
2. Direct
3. Intentional
4. Interference with goods

Question 2

Trespass to goods:

2. Direct

Answer 2

• Must be an immediate consequence of D’s act rather than a later consequence (Hutchins v Maughan)
• Locking P’s goods in a room is not direct interference (Hartley v Moxham)

Question 3

Trespass to goods:

4 exceptions to actual/constructive possession

Answer 3

1. Trustee and beneficiary (Barker v Furlong)
2. Executor of will and deceased person (Tharpe v Stallwood)
3. Owner of franchise and franchisee (Stunwich v Derry)
4. Revocable bailment (Penfolds v Elliot)

Question 4

Trespass to goods:

3. Intentional

Answer 4

• Not necessary that D intend to act unlawfully, just that they voluntarily intended to interfere with goods without negligence (Colwill v Reeves)
• If A takes B’s hand and interferes with C’s books then C will not be liable because not voluntary (Beals v Hayward)

Question 5

Trespass to goods:

4. Interference with goods

Answer 5

• Anything interfering with goods will suffice; detention, asportation, vandalism, scratching a car, etc. (Kirk v Gregory)
• Animals constitute property (Slater v Swann)

Question 6

Conversion definition

Answer 6

Conversion is dealing with goods in a positive and intentional manner which is repugnant to the person with the immediate right to possession of such goods (Penfolds v Wines)

Question 7

Conversion:

1. Immediate right to possession as well as the two cases proceeding

Answer 7

• Immediate right to possession is when the true owner is entitled to possession
• Armory v Delamirie - rightful owner
• Parker v British Airways

Question 8

Conversion:

2. Positive

Answer 8

Losing goods is not sufficient to constitute a positive act (Joule v Poole)

Question 9

Conversion:

3. Intentional

Answer 9

Must be a voluntary action in that D must intend to interfere with goods - cannot be negligent (Colwill v Reeves)

Question 10

Conversion:

4. In a repugnant manner

Answer 10

1. Wrongful destruction and alteration (Hollins v Fowler)
2. Wrongful asportation with intention to exercise dominion (Fouldes v Willoughby)
3. Wrongful delivery (Glass v Hollander)
4. Wrongful detention (Flowfill Packaging)
   However a brief withholding… (Craig v Marsh)
5. Wrongful use of goods with intention to exercise dominion (Penfolds)

Question 11

Detinue definition

Answer 11

The detention of goods and a refusal to return them to a person entitled to possession of them after a proper demand has been made for their return

Question 12

Detinue:

1. Right to immediate possession

Answer 12

• P must have right to immediate possession (Penfolds v Wines)
• Must have had actual/constructive possession at one point in time (Jones v Dowle)

Question 13

Detinue:

2. Proper demand

Answer 13

• A proper demand has been made for their return by P in which P must specify a time and place for retrieval (Lloyd v Osborne)

Question 14

Detinue:

3. Refusal

Answer 14

• P must show that D has refused demand by not replying in a reasonable time (Lloyd v Osborne)
• If P specifies a time and place for retrieval and D says that any attempt will be resisted - this can be taken as a refusal (Caley v Rogers)
• Irrelevant if D loses items and can’t return - still liable (John F Goulding)
• Irrelevant if D mistakenly but reasonably thinks that they are truthful owners of the goods (Egan)

Question 15

Domain names and IP addresses?

Answer 15

• Do not constitute property for the sake of law of torts (Hoath v Connect Internet Services)

Question 16

Detinue and jus tertii

Answer 16

D can avoid liability in detinue by showing that someone other than P is entitled to possession of goods (Rogers v Lambert)