Chapter III Interference With Moveable Property Trespass To Goods Detinue Conversion
Law of Torts, MV Accident and Consumer
Protection Laws II
Interference with Goods
TORTS RELATING TO MOVABLE PROPERTY o Torts affecting movable property are:
§ Trespass to goods,
§ Trespass ab initio,
§ Detention or detinue,
§ Conversion or trover.
Copyright: Dr C J Rawandale, Associate
Professor, SLS NOIDA 2013-14
2
a. TRESPASS TO GOODS o Technically, trespass to goods is known as “trespass de bonis asportatis”. o It means an unlawful disturbance of the possession of the goods by seizure or removal or by direct act causing damage to the goods. o Trespass to goods is also actionable per se i.e. without proof of damage. But when the plaintiff has suffered no loss, he will be awarded only nominal damages.
Copyright: Dr C J Rawandale, Associate
Professor, SLS NOIDA 2013-14
3
FORMS OF TRESPASS TO GOODS o 1. Taking the thing away from the plaintiff’s possession i.e. asportation o
This would amount to crime of theft or larceny, if a dishonest intent was present and to robbery if it was forcible.
o
2. Direct application of force
o
Illustration: Killing or injuring an animal, or defacing a work of art. Damage is not essential, and even the slightest application of force like touching is wrongful.
Copyright: Dr C J Rawandale, Associate
Professor, SLS NOIDA 2013-14
4
ESSENTIALS OF TRESPASS TO GOODS o The plaintiff must show: o 1. That he was in possession, actual or constructive, of the goods o The Winkfield, (1902): Ship M was sunk due to the negligent management of ship W. In claim by the Postmaster-General against ship W, for loss of mails aboard M. It was held that though the Postmaster General was no more than a bailee of the mails, he could recover.
Copyright: Dr C J Rawandale, Associate
Professor, SLS NOIDA 2013-14
5
o
2 . That his possession has been wrongfully disturbed. The fact that the trespass was unintentional is no ground of defence
o
P.A. Jacob v. Nanda Timber Trading Co. AIR 1990 Mad 140
It was alleged by the
Protection Laws II
Interference with Goods
TORTS RELATING TO MOVABLE PROPERTY o Torts affecting movable property are:
§ Trespass to goods,
§ Trespass ab initio,
§ Detention or detinue,
§ Conversion or trover.
Copyright: Dr C J Rawandale, Associate
Professor, SLS NOIDA 2013-14
2
a. TRESPASS TO GOODS o Technically, trespass to goods is known as “trespass de bonis asportatis”. o It means an unlawful disturbance of the possession of the goods by seizure or removal or by direct act causing damage to the goods. o Trespass to goods is also actionable per se i.e. without proof of damage. But when the plaintiff has suffered no loss, he will be awarded only nominal damages.
Copyright: Dr C J Rawandale, Associate
Professor, SLS NOIDA 2013-14
3
FORMS OF TRESPASS TO GOODS o 1. Taking the thing away from the plaintiff’s possession i.e. asportation o
This would amount to crime of theft or larceny, if a dishonest intent was present and to robbery if it was forcible.
o
2. Direct application of force
o
Illustration: Killing or injuring an animal, or defacing a work of art. Damage is not essential, and even the slightest application of force like touching is wrongful.
Copyright: Dr C J Rawandale, Associate
Professor, SLS NOIDA 2013-14
4
ESSENTIALS OF TRESPASS TO GOODS o The plaintiff must show: o 1. That he was in possession, actual or constructive, of the goods o The Winkfield, (1902): Ship M was sunk due to the negligent management of ship W. In claim by the Postmaster-General against ship W, for loss of mails aboard M. It was held that though the Postmaster General was no more than a bailee of the mails, he could recover.
Copyright: Dr C J Rawandale, Associate
Professor, SLS NOIDA 2013-14
5
o
2 . That his possession has been wrongfully disturbed. The fact that the trespass was unintentional is no ground of defence
o
P.A. Jacob v. Nanda Timber Trading Co. AIR 1990 Mad 140
It was alleged by the