Trespass to Goods Flashcards

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1
Q

What is a Trespass to Goods?

A

Unauthorised and wrongful interference of another’s moveable personal property, which infringes that owner’s lawful right to that property

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2
Q

What are Chattels?

A

It is another word for goods

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3
Q

What is a Trespass to Chattels?

A

Occurs when some body intentionally interferes with another person’s lawful possession of moveable property

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4
Q

What is Conversion?

A

The act of deliberately dealing with someone else’s goods that goes against the owner’s wishes

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5
Q

What is Detinue?

A

A common law tort that involves the wrongful detention of someone else’s personal property, even after the owner has asked for it back

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6
Q

What terms fall under Trespass to Goods?

A
  • Trespass to Chattels
  • Conversion
  • Detinue
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7
Q

Does Trespass to Goods involve land?

A

No

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8
Q

What does the term ‘personal property’ mean?

A

‘Personal property’ describes moveable property and is interchangeable with both words ‘goods’ and ‘chattels’

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9
Q

Fill in the blanks. Trespass to Chattels is the interference that can involve ________, _______, _________

A

Physically touching, moving, using property without owner’s consent

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10
Q

What are examples of Trespass to Chattels?

A
  • ___________
  • Minor Damage
  • Temporary Dispossession
  • Unauthorised Touching
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11
Q

What does Conversion involve?

A
  • holding onto goods when they should be returned
  • delivering goods to the wrong place
  • changing what the goods are
  • any action that seriously conflicts with the owner’s right to use the goods
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12
Q

Examples of Conversion?

A
  • significant altercation of property
  • unlawful sale
  • refusal to return borrowed property
  • destruction of property
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13
Q

What is the difference between Detinue and Conversion?

A

An act is considered Detinue and not Conversion when the owner specifically asks for the property back and is still refused

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14
Q

What self-help can be used in Trespass to Goods?

A

The owner is entitled to exercise self-help to retake a chattel from a person unlawfully in possession

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15
Q

What are Nominal Damages?

A

If no loss is suffered

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16
Q

What are Compensatory damages?

A

If the property was damaged or destroyed