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Trespass To Goods Detinue Notes

Law Notes > Intentional Torts Notes

This is an extract of our Trespass To Goods Detinue document, which we sell as part of our Intentional Torts Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Intentional Torts Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

TRESPASS


TO

GOODS:


DETINUE

64 |

INTENTIONAL

TORTS

DETINUE

*

*

*

Detinue

is

the

wrongful

detention

of

goods

after

there

has

been

a


demand

for

the

goods

and

a

refusal

to

comply


The

essence

of

detinue

is:


o demand

and

refusal


An

unreasonable

refusal

to

return

the

pl's

goods

by

a

person

in


possession

also

amounts

to

conversion


Considerations/Elements


o Does

the

P

have

title

to

sue?


o Has

the

P

made

a

demand

for

the

return

of

the


goods?


o Has

the

D

refused

to

return

the

goods?

INTENTIONAL

TORTS

|

65

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