Detinue
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| Image:Scale of justice.png |
| Tort law I |
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| Part of the common law series |
| Intentional torts |
| Assault · Battery |
| False arrest · False imprisonment |
| Intentional infliction of emotional distress |
| Property torts |
| Trespass to chattels |
| Trespass to land · Conversion |
| Detinue · Replevin · Trover |
| Dignitary and economic torts |
| Slander and libel · Invasion of privacy |
| Fraud · Tortious interference |
| Alienation of affections |
| Breach of confidence · Abuse of process |
| Malicious prosecution · Conspiracy |
| Defenses to intentional torts |
| Consent · Necessity |
| Self defense and defense of others |
| Fair comment (as to slander/libel) |
| Other areas of the common law |
| Contract law · Property law |
| Wills and trusts |
| Criminal law · Evidence |
In tort law, detinue is an action for the wrongful detention of goods. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant; and second, that the defendant refused to return the chattel once demanded by the claimant.
Detinue allows for a remedy of damages for the value of the chattel, but unlike most other interference torts, detinue also allows for the recovery of the specific chattel being withheld.
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[edit] History
Historically, detinue came in two forms: "detinue sur bailment" and "detinue sur trover".
In detinue sur bailment, the defendant is in a bailment relationship with the claimant and either refuses to return the chattel or else has negligently or intentionally lost or destroyed it. The onus is on the bailee to prove that the loss of the chattel was not their fault.
In detinue sur trover, the defendant can be any individual in possession of the chattel who refuses to return it to the claimant. A defendant could be a finder or a thief or any innocent third party, the claimant only needs to have a better right to possession.
[edit] England and Wales
In England and Wales, detinue was abolished from 1st January 1978 by the Torts (Interference with Goods) Act 1977. However, the tort of conversion was extended at the same time to cover circumstances that had previously been covered only by detinue.
[edit] Reference
- W.S. Holdsworth, A History of English Law 324-27.
