Trespass to Goods and Conversion: Meaning Trespass to goods means direct and wrongful interference with the plaintiff’s posses…
Trespass to Goods and Conversion:
Meaning
Trespass to goods means direct and wrongful interference
with the plaintiff’s possession of goods. The interference with the possession
of goods may be seizure or removal or by direct act causing damage to the
goods.
with the plaintiff’s possession of goods. The interference with the possession
of goods may be seizure or removal or by direct act causing damage to the
goods.
For example: Removing a tyre from a car, destroying or
injuring the goods.
injuring the goods.
Case study: Kirk V Gregory
On death his sister in law removed certain jewellery form
the room where his dead body was laying and kept it in another room under a
reason but mistaken belief that it is necessary for it safety of jewellery.
Jewellery was stolen and sister in law was held liable for the jewellery
defenses.
the room where his dead body was laying and kept it in another room under a
reason but mistaken belief that it is necessary for it safety of jewellery.
Jewellery was stolen and sister in law was held liable for the jewellery
defenses.
Defence
Trespass to goods can be justified if it is done in defence
of property or person, or in the exercise of a legal sight or under legal
process.
of property or person, or in the exercise of a legal sight or under legal
process.
Example: A’s dog attacks B’s sheep and in order to
save his sheep if B causes any harm to A’s dog, it is justifiable.
save his sheep if B causes any harm to A’s dog, it is justifiable.
Remedies
1) Detinue
2) Damages
a) Detinue It is an action for the recovery of goods wrongfully
detained by the defendant. When the defendant unlawfully detains the goods of
plaintiff and refuses to deliver the same on lawful demand, the plaintiff can
recover the same by bringing an action for Detinue.
detained by the defendant. When the defendant unlawfully detains the goods of
plaintiff and refuses to deliver the same on lawful demand, the plaintiff can
recover the same by bringing an action for Detinue.
b) Damages In case of trespass to goods damages are measured by the
value of the goods or the amount of injury done to them.
value of the goods or the amount of injury done to them.
Conversion
A person, who treats goods as if they were his, when they
are not, is liable for conversion. The intentional interference with the
property of another amount is conversion.
are not, is liable for conversion. The intentional interference with the
property of another amount is conversion.
Conversion can be committed in following ways:
1. Conversion by taking goods.
2. Conversion by detention of goods
3. Conversion by wrongful delivery of goods
4. Conversion by wrongful disposition of goods
5. Conversion by wrongful destruction.
Practice
exercise:
exercise:
1.
Direct and wrongful interference with the plaintiff’s possession of
goods is known as
Direct and wrongful interference with the plaintiff’s possession of
goods is known as
A. Defamation
B. Trespass to person
C. Trespass to goods
D. None of the above
Ans: C
2. On death of the plaintiff his sister
in law removed certain jewellery form the room where his dead body was laying
and kept it in another room under a reason but mistaken belief that it is
necessary for it safety of jewellery. The jewellery was stolen. Will she be
liable?
in law removed certain jewellery form the room where his dead body was laying
and kept it in another room under a reason but mistaken belief that it is
necessary for it safety of jewellery. The jewellery was stolen. Will she be
liable?
A. Yes
B. No
Ans: A
3.
Trespass to goods can be justified if it is done in defence of property
or person, or in the exercise of a legal sight or under legal process
Trespass to goods can be justified if it is done in defence of property
or person, or in the exercise of a legal sight or under legal process
A. True
B. False
Ans: A
4. A’s dog attacks B’s sheep and in
order to save his sheep if B causes any harm to A’s dog will it be justified?
order to save his sheep if B causes any harm to A’s dog will it be justified?
A. Yes
B. No
Ans: A
5. Remedies that a person has against
trespass of goods is
trespass of goods is
A. Dentinue
B. Damages
C. All of the above
D. None of the above
Ans: C
6. A person, who treats goods as if
they were his, when they are not, is liable for
they were his, when they are not, is liable for
A. Extortion
B. Theft
C. Conversion
D. None of the above
Ans: C
7. Conversion can take place in which
of the following ways?
of the following ways?
A. Conversion by wrongful delivery of
goods
goods
B. Conversion by wrongful disposition
of goods
of goods
C. Conversion by wrongful destruction.
D. All of the above
Ans:
D
