Proprietary Claim It is a fundamental principle of law that one cannot give what one doesn’t have. This is sometimes expressed by the Latin maxim “Nemo dat quod non habet” or more commonly “Nemo Dat”. Generally, a person cannot give a better title to goods or other assets than that which he holds. There are a number of limited exceptions, […]
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 […]
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 […]
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 […]