Flashcards
Wrongful Interference with chattels
Cards in this deck (26)
- 1Wrongful Interference with chattelsEmbraces all torts concerned with the protection of interests in chattels.
- 2Torts (Interference with Goods) Act 1977Statutory basis for wrongful interference with chattels claims. Abolishes dentinue
- 3Trespass to goodsThe commission of any act of direct physical interference with a chattel in the possession of another person, without lawful justification. Protects possession, not ownership.
- 4Intention in trespass to goodsIntentional contact with the goods. Must be direct
- 5Arthur v Anker [1996]Clamping of a motor vehicle will not be a tort if there is:
* clear warning notice;
* specified fee;
* Existence of which motorist could communicate his wish to pay the fee; and release of the vehicle without delay on payment. - 6Vine v Waltham Forest London Borough Council [2000]Clampers. C had not read the sign as it was blocked by high sided vehicle, and could not therefore be said to have the requisite knowledge to make her volens.
- 7ConversionAn act of wilful interference, without lawful justification, with any chattel in a way that is inconsistent with the right of another over that chattel. NO requirement for direct act.
- 8Liability in conversionStrict Liability
- 9Intention in ConversionAt common law, requires intentional act. Except s2(2) T(IG)A 1977: action lies in conversion for loss or destruction of goods which a bailee has allowed to happen in breach of his duty to the bailor.
- 10Types of conversion* By taking;
* By detention;
* By wrongful delivery;
* By wrongful disposition;
* By destruction;
* Of documents or token; - 11Conversion by takingUnlawfully taking a chattel out of anyone else's possession with the intention of exercising a permanent or temporary dominion over it.
- 12Conversion by detentionUnlawfully keeping something with the intention of doing so adversely to the true owner. Usually proven by showing a demand for the return of the goods and a refusal by D.
- 13Conversion by wrongful deliveryWrongfully delivering a person's goods to some other person so as to deprive the owner of title to them.
- 14Conversion by wrongful dispositionGiving some other person lawful title to goods without lawful justification (i.e. D selling/giving away something he does not own)
- 15Conversion by wrongful destructionDeliberately consuming or otherwise destroying a chattel belonging to somebody else without lawful justification.
- 16Conversion of documents or tokenEg cheque, credit cards, book tokens and trading stamps. Court will treat the conversion as the conversion of any sums of money which it represents.
- 17Conversion of intangible propertyNo
- 18Armory v Delamirie [1721]Finders - Where the true owner cannot be discovered, the finder has good title against the whole world except for the true owner.
Finders title is based on de facto possession. - 19Parker v British Airways Board [1982]Occupier of the land will have better title than a finder if:
* The finder is a trespass; or
* Property is attached to the land; or
* Occupier has manifested an intention to exercise control over the premises and the things which may be on it. - 20Finder employeesFinders employee will have better title to the goods if they are found by the employee while in the course of employment.
- 21s8 T(IG)A 1977In an action for wrongful interference with goods, a defendant may plead jus tertii as a defence
- 22Jus tertiiSome third person has a better title than the claimant. All parties with a claim to the goods can be joined in the same action.
- 23s3(2) Torts (Interference with Goods) Act 1977Remedies:
(a) An order for delivery of the goods and for payment of any consequential damages (DISCRETIONARY);
(b) An order for delivery of the goods but giving the defendant the alternative of paying damages; or
(c) Damages. - 24DamagesClaimant is only entitled to recover the market value of the goods at the date of conversion. If the defendant made any improvements, the court may order specific restitution and C will have to pay D the difference.
- 25Kirk v Gregory [1876]Defendant will be liable even if he intended to protect claimant's possessions, unless there were reasonable grounds to believe such protection was necessary.
- 26Wilson v Lombank [1963]Act will still be trespass even if D did not realise his action was a trespass
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- Level 6 Law of Tort (Trespass and Related Torts) Flashcards on Wrongful Interference with chattels, created by Dave Ballam on 21/11/2017.
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- Dave Ballam
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