Trespass to Goods Flashcards
What is a Trespass to Goods?
Unauthorised and wrongful interference of another’s moveable personal property, which infringes that owner’s lawful right to that property
What are Chattels?
It is another word for goods
What is a Trespass to Chattels?
Occurs when some body intentionally interferes with another person’s lawful possession of moveable property
What is Conversion?
The act of deliberately dealing with someone else’s goods that goes against the owner’s wishes
What is Detinue?
A common law tort that involves the wrongful detention of someone else’s personal property, even after the owner has asked for it back
What terms fall under Trespass to Goods?
- Trespass to Chattels
- Conversion
- Detinue
Does Trespass to Goods involve land?
No
What does the term ‘personal property’ mean?
‘Personal property’ describes moveable property and is interchangeable with both words ‘goods’ and ‘chattels’
Fill in the blanks. Trespass to Chattels is the interference that can involve ________, _______, _________
Physically touching, moving, using property without owner’s consent
What are examples of Trespass to Chattels?
- ___________
- Minor Damage
- Temporary Dispossession
- Unauthorised Touching
What does Conversion involve?
- 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
Examples of Conversion?
- significant altercation of property
- unlawful sale
- refusal to return borrowed property
- destruction of property
What is the difference between Detinue and Conversion?
An act is considered Detinue and not Conversion when the owner specifically asks for the property back and is still refused
What self-help can be used in Trespass to Goods?
The owner is entitled to exercise self-help to retake a chattel from a person unlawfully in possession
What are Nominal Damages?
If no loss is suffered
