Trespass Trespass to goods is the deliberate interference with goods in the possession of another. The interference must be direct in accordance with the general requirements for trespass, which also apply in the case of battery, assault and trespass on land. It is usually enough to touch the property. Moving, damaging and using property constitutes trespass. The goods must be […]
Nature of Conversion I There is conversion where a person wrongfully deprives the true owner of the use and possession of goods. Conversion takes place where there is any dealing with goods which is inconsistent with the rights of the true owner. As with trespass generally, liability is strict. Conversion may occur in good faith where the person believes he […]
Nature of Detinue Detinue is the wrongful withholding, retention or detention of goods (chattels, movable personal property) by the defendant, in respect of which the claimant has a better title. The person detaining the chattel must do so adversely to the claimant’s rights. It is the appropriate claim/form of action for the recovery of goods. Generally, a demand must be […]
Torts Protecting Ownership/ Possession of Goods There are a number of civil wrongs which protect the rights of the true owner and the person in possession of goods. Because of the relativity of title, the true owner might better be described as the person with the better title to the goods. Trespass to goods is the direct and wrongful interference […]
Defective Products Act The EU Products Liability Directive and the implementing Act seek to establish liability on the part of producers for defective products, without proof of fault. The Defective Products Act gives effect to the Directive. As a matter of European Union law, the Directive takes precedence as far as its mandatory provisions are concerned. The Directive is set […]
Liability in Negligence I Originally, compensation was only available for defective products on the basis of a breach of contract. This meant that the claimant must have been the purchaser of the product and it must have been a term of the contract that it would not be defective. This would have been an implied term at common law and […]
General Issues The classification of an animal as domestic or tame, as opposed to wild, is a matter of law. Domestic animals are those which by training or habit, live with humans. Domestic animals may be owned in the same way as other goods or personal property. Their owner may take proceedings in respect of their detention (detinue) and appropriation […]
Liability for Dogs The Control of Dogs Act 1986 revised the law on civil liability in relation to dogs. The Act makes the owner (as defined) strictly liable for injuries caused by dogs to livestock and for damages caused in an attack by a dog on an individual. It is not necessary to show knowledge of a mischievous propensity in […]