Detinue

Question 1

What is detinue?

Answer 1

Unlawful refusal to restore a chattel on demand from the person with a right to immediate possession.

Question 2

Elements of detinue

Answer 2

1. Plaintiff has right to immediate possession
2. Plaintiff has demanded return of chattel
3. Defendant refuses to return chattel
4. Refusal is unlawful (not if unaware of the person’s title)

Question 3

Remedies for detinue

Answer 3

1. Return of chattel, if special.
2. Damages based on the value of the chattel at the date of judgement

MUST be a continuing wrong. If the chattel has been returned, detinue is not available from that point.

Question 4

Relevant common law doctrine of accession

Answer 4

Chattel A combines with chattel B to make chattel AB. Belongs to whoever added B as A exceeds to B.

If chattel cannot be removed without the destruction or serious injury to whole so formed.

Question 5

McKeown v Cavalier Yachts Pty Ltd and Spartech Marine industries

Answer 5

Ratio: For restitution the item must be of special value/importance to plaintiff.

Regarding accession: The owner of the principal chattel will gain title to the combined goods, and the minor chattel will be destroyed (must establish the direction of accession). Accession, because the improvements couldn’t be separated without damaging the yacht.