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Flashcards

Wrongful Interference with chattels

Dave Ballam Law of Tort Level 6 English 26 cards

Cards in this deck (26)

  1. 1Wrongful Interference with chattelsEmbraces all torts concerned with the protection of interests in chattels.
  2. 2Torts (Interference with Goods) Act 1977Statutory basis for wrongful interference with chattels claims. Abolishes dentinue
  3. 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.
  4. 4Intention in trespass to goodsIntentional contact with the goods. Must be direct
  5. 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.
  6. 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.
  7. 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.
  8. 8Liability in conversionStrict Liability
  9. 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.
  10. 10Types of conversion* By taking;
    * By detention;
    * By wrongful delivery;
    * By wrongful disposition;
    * By destruction;
    * Of documents or token;
  11. 11Conversion by takingUnlawfully taking a chattel out of anyone else's possession with the intention of exercising a permanent or temporary dominion over it.
  12. 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.
  13. 13Conversion by wrongful deliveryWrongfully delivering a person's goods to some other person so as to deprive the owner of title to them.
  14. 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)
  15. 15Conversion by wrongful destructionDeliberately consuming or otherwise destroying a chattel belonging to somebody else without lawful justification.
  16. 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.
  17. 17Conversion of intangible propertyNo
  18. 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.
  19. 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.
  20. 20Finder employeesFinders employee will have better title to the goods if they are found by the employee while in the course of employment.
  21. 21s8 T(IG)A 1977In an action for wrongful interference with goods, a defendant may plead jus tertii as a defence
  22. 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.
  23. 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.
  24. 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.
  25. 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.
  26. 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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