Trespass to goods, conversion and Detinue Flashcards
what is trespass to goods
wrongful direct interference with the plaintiff’s possession of his or her goods by the defendant
how does someone recover for trespass to goods
recovery will depend on proving possession rather than ownership ad will fail if the plaintiff cannot establish having enjoyed possession of the goods
what is the tort of detinue
The tort of Detinue consists of the wrongful failure or refusal of the defendant to return the plaintiff’s good when a demand has been made for same.
how does someone recover for the tort of detinue
the plaintiff must establish that the defendant’s retention of the goods is adverse to him or her, and is wrongful.
If the defendant has some reasonable basis or excuse for retaining the goods then the plaintiff may not recover.
However, the retention
must be for a reasonable time and if the goods are retained for a long period the courts are more likely to impose liability.
what must the plaintiff show in the tort of detinue?
The plaintiff must show that he or she made a demand for the goods in question, and
also that after having received this demand the defendant refused, neglected, or failed to return the goods.
The demand in question must be in a reasonable form and must be brought to the attention of the defendant. No liability will lie in circumstances where the defendant could not
have received the demand for the return of the goods.
what is conversion?
Demonstrating that the defendant either used the plaintiff’s goods in an manner inconsistent with the plaintiff’s ownership or derived the plainitff of his legal rights in respect of the goods will usually be sufficient to ground a claim for conversion
what was held in the case of tear v freeboy?
taking the plaintiff’s car joyriding was held to constitute conversion.
does the defendant have t be aware that he is interfering with the plaintiff’s legal rights?
This principle was established in Hollins v Fowler where the defendant cotton broker was liable for conversion in circumstances where he was unaware that cotton he had recieved in the course of business was the property of the plaintiff.
the plaintiff will not have to show that the defendant should have know that he was interfering with the plaintiff’s right to recover
when are damages assessed for detinue and conversion
They are assessed at the time the goods in question were wrongfully converted rather than at the time of trial
