Week 4 Workshop - Torts of Interference with Goods

A set of flashcards summarizing key concepts related to Torts of Interference with Goods, specifically focusing on trespass, conversion, and detinue.

Trespass to Goods

An act that directly interferes with the plaintiff’s actual or constructive possession of goods.

Conversion

When a person deals with another's goods in a manner inconsistent with that person's actual or constructive possession or immediate right to possession.

Detinue

The wrongful detention of a person’s goods, preventing them from accessing or using their items.

Possession

The control over goods with the intention to exercise control and exclude others.

Actual Possession

Having physical control over goods accompanied by the intention to control them.

Constructive Possession

Having the intention to control goods that are not in immediate physical control.

Asportation

The act of moving goods from one place to another, which constitutes trespass.

Bailee

A person who receives goods from another for a specific purpose with an understanding they will be returned.

Bailment

A legal relationship where possession of personal property is transferred from one party to another, without transferring ownership.

Right to Immediate Possession

A legally enforceable right to gain possession of goods, typically held by the owner or bailee.

Intentional Tort

A wrongful act done intentionally, including trespass to goods and conversion.

Defences to Trespass and Conversion

Legal arguments that can be used to negate liability in cases of trespass and conversion.

Remedies

Legal means by which a plaintiff can secure a remedy for a wrong or breach of duty.

Possessory Title

The right to possess goods which is as good as legal title, allowing one to sue for their possession.

Fault in Trespass

A necessary element for liability in trespass; intentional or negligent acts are required.

Gratuitous Bailment

A bailment where one party does not receive any payment or benefit for taking care of the goods.

Bailment for Reward

A bailment where both parties receive a benefit, typically involving payment.

Sub-Bailment

When a bailee transfers possession of the goods to a third party.

Mere Control or Custody

When someone has physical control over an item without the intention of excluding others from using it.

Defense Against Trespass

A legal justification to engage in actions that would otherwise constitute a trespass.

Causation in Trespass

The relationship between a defendant's act and the resulting interference with goods.