Download
1 / 12
E N D
1. Trespass to goods
2. Definition Direct, immediate interference with personal property belonging to another person.
This tort provides protection for the person entitled to immediate possession of the chattels in question, and in that and other ways it resembles trespass to land.
3. Conversion Dealing with goods in a manner inconsistent with the rights of the true owner, so denying the right of the owner to the goods, or asserting a right which is inconsistent with the owners right.
It is an intentional tort that may be committed in a wide variety of ways. It is actionable by the person entitled to possession of the goods. It follows that a range of different people may be able to claim for conversion, depending on the circumstances, as the law allows claims by a person who had a right to immediate possession as well as to a person who enjoyed actual possession at the time the tort was committed.The claimant must prove that he had possession of the goods or the right to immediate possession of them at the time of the wrongful act.
4. Conversion An intentional tort that may be committed in a wide variety of ways.
Actionable by the person entitled to possession of the goods.
The law allows claims by a person who had a right to immediate possession as well as to a person who enjoyed actual possession at the time the tort was committed.
The claimant must prove that he had possession of the goods or the right to immediate possession of them at the time of the wrongful act.
5. Some examples of conversion Contradicting the title of the true owner
Detaining goods belonging to the claimant without permission after a demand for the goods which has been refused.
Destruction of goods belonging to the claimant
Selling goods without the claimants permission.
6. The Torts (Interference with Goods) Act 1977 New tort introduced by the Act of wrongful interference with goods.
Not strictly new at all. Simply a way of describing all the torts that cover loss or damaged goods. These include conversion, trespass and negligence
7. Purpose of Act To tidy up the rules in this area.
The Act defines wrongful interference with goods (s 1) as:
(a) Conversion also called trover.
(b) Trespass to goods.
(c) Negligence resulting in damage to goods or to an interest in goods.
(d) Any other tort so far as it results in damage to goods or to an interest in goods. Among the reforms introduced were these:
the right to sue for negligent loss by a bailee of goods entrusted to him was transferred to the tort of conversion by s 2(2);
a general concept of tortious liability was introduced for wrongful interference with goods, with corresponding remedies which the court is given the power to order;
contributory negligence was extinguished as a defence to conversion and intentional trespass, except in relation to banks;
new rules were introduced whereby goods which had not been claimed could be disposed of;
people who had improved goods while they were in possession of them were provided with the means of claiming an allowance for their efforts;
provision was made to deal with claims between co-owners, a problem area at common law;
reversal of the old rule that defendants were not allowed to plead as a defence that a third party had a better title to the goods than the claimant;
common law detinue was abolished and the tort of conversion was extended to cover what remained of detinue.
8. Other reforms in the Act the right to sue for negligent loss by a bailee of goods entrusted to him was transferred to the tort of conversion by s 2(2);
General concept of tortious liability introduced for wrongful interference with goods, with corresponding remedies which the court is given the power to order;
contributory negligence no longer a defence to conversion and intentional trespass, except in relation to banks;
new rules were introduced whereby goods which had not been claimed could be disposed of;
9. The Act continued People who had improved goods while they were in possession of them were provided with the means of claiming an allowance for their efforts;
Provision was made to deal with claims between co-owners, a problem area at common law;
Reversal of the old rule that defendants were not allowed to plead as a defence that a third party had a better title to the goods than the claimant;
Common law detinue was abolished and the tort of conversion was extended to cover what remained of detinue.
10. Remedies Damages obtainable for conversion based on recovery of the market value of the goods and special damages. This extinguishes the claimants title. Alternatively, the true owner of the goods can have them restored plus special damages.
11. Remedies continued An order for delivery up of the goods in the course of an interim application
An order plus damages, or with damages as an alternative.
Damages may be awarded under the Act, but there is little guidance as to how damages are to be assessed and it is assumed that common law principles apply.
12. Recent examples of remedies for interference with goods Neave v Neave [2002] EWHC 784: the defendant trespassed on land belonging to his widowed mother and took a number of historic cars that belonged to her. The judge ordered that the vehicles should be returned and that 3,000 damages be paid.
Scotland v Soloman [2002] EWHC 1886: the defendants had unlawfully siezed and kept certain goods belonging to the claimants in the course of executing a charging order. A Chancery Division judge held that there was at least an arguable case that the defendants were bailees of the goods and had no right to dispose of them.
