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In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. For an action in detinue to succeed a claimant must first prove that he had better right to possession of the chattel than the defendant; and second, that the defendant refused to return the chattel once demanded by the claimant. Image File history File links Legal portal image File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ...
In the common law, a tort is a civil wrong for which the law provides a remedy. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
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In law, conversion is a tort that deals with the wrongful interference with goods. ...
Trover signifies finding. ...
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The law of evidence governs the use of testimony (eg. ...
In the common law, a tort is a civil wrong for which the law provides a remedy. ...
Personal property is a type of property. ...
Detinue allows for a remedy of damages for the value of the chattel, but unlike most other interference torts, detinue also allows for the recovery of the specific chattel being withheld. Damages, in law has two different meanings. ...
History
Historically, detinue came in two forms: "detinue sur bailment" and "detinue sur trover".
In detinue sur bailment, the defendant is in a bailment relationship with the claimant and either refuses to return the chattel or else has negligently or intentionally lost or destroyed it. The onus is on the bailee to prove that the loss of the chattel was not their fault. Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the bailor) to another person (the bailee) who subsequently holds possession of the property. ...
In detinue sur trover, the defendant can be any individual in possession of the chattel who refuses to return it to the claimant. A defendant could be a finder or a thief or any innocent third party, the claimant only needs to have a better right to possession.
Detinue was abolished from 1st January 1978 by the Torts (Interference with Goods) Act 1977 but the tort of conversion was extended at the same time to cover circumstances that had only been covered by detinue in the past. In general, conversion is the transformation of one thing into another. ...
Reference - W.S. Holdsworth, A History of English Law 324-27.
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