PROPERTY TORTS (LAWS203)

Possession

Factual possession plus intention to possess (animus possidendi).

Possessory title

A proprietary interest arising from possession that is enforceable against everyone except a person with a better title.

Why is possession important?

Possession itself generates proprietary rights.

Is ownership necessary to sue in property torts?

No. Possession alone is often sufficient.

Right to Immediate Possession (R2IP)

The present right to possess goods immediately.

Why is R2IP important?

It determines who can sue in conversion and detinue.

Who normally has R2IP?

The owner, unless possession has been granted to another person (e.g. a bailee for a fixed term).

Bailment

Transfer of possession without transfer of ownership.

Who owns the goods in a bailment?

The bailor.

What does the bailee receive?

Possession.

Fundamental obligation of a bailee

To take reasonable care of the goods.

Can a bailee sue third parties?

Yes, because possession is a proprietary interest.

Does bailment transfer title?

No.

Trespass to goods

Direct and wrongful interference with goods in another's possession.

What interest does trespass protect?

Possession.

Is actual damage required for trespass?

No.

Can a possessor sue in trespass even if not the owner?

Yes.

Classic example of trespass to goods

Taking, touching, or moving another's goods without authority.

Conversion

An intentional dealing with goods inconsistent with the rights of the person entitled to them.

What interest does conversion protect?

Ownership or the right to immediate possession.

Is physical taking required for conversion?

No.

Key question in conversion

Has the defendant dealt with the goods in a manner inconsistent with the plaintiff's rights?

Hollins v Fowler

Demonstrates that innocent dealing with goods can still amount to conversion.

Usual remedy for conversion

Damages measured by the value of the goods.

Detinue

Wrongful refusal to return goods after a demand has been made.

What interest does detinue protect?

The right to immediate possession.

What distinguishes detinue from conversion?

A demand for return followed by refusal.

Why is detinue useful?

It can lead to return of the actual goods rather than merely damages.