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What constitutes trespass to goods?
What constitutes trespass to goods?
Which of the following is an example of trespass to goods?
Which of the following is an example of trespass to goods?
What are the three types of interference classified under trespass to goods?
What are the three types of interference classified under trespass to goods?
Which statement about the legal implications of trespass to goods is accurate?
Which statement about the legal implications of trespass to goods is accurate?
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Under what condition is trespass to goods typically applicable?
Under what condition is trespass to goods typically applicable?
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Which of the following actions can be considered a form of trespass to goods?
Which of the following actions can be considered a form of trespass to goods?
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What is one of the main interests of the plaintiff in a trespass to goods claim?
What is one of the main interests of the plaintiff in a trespass to goods claim?
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Which of the following is NOT an action that can constitute trespass to goods?
Which of the following is NOT an action that can constitute trespass to goods?
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What constitutes the tort of trespass to goods?
What constitutes the tort of trespass to goods?
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Which scenario best exemplifies trespass to goods?
Which scenario best exemplifies trespass to goods?
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Who can sue for trespass to goods?
Who can sue for trespass to goods?
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What is one exception that allows a person to claim for trespass even without possession?
What is one exception that allows a person to claim for trespass even without possession?
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Which factor is NOT an element in proving trespass to goods?
Which factor is NOT an element in proving trespass to goods?
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What does trespass to goods primarily involve?
What does trespass to goods primarily involve?
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Which scenario best illustrates the concept of conversion?
Which scenario best illustrates the concept of conversion?
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What does not qualify as interference under the tort of trespass to goods?
What does not qualify as interference under the tort of trespass to goods?
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What is the outcome for the plaintiff in a trespass to goods case?
What is the outcome for the plaintiff in a trespass to goods case?
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In which situation would a defendant primarily be liable for involuntary reception of goods?
In which situation would a defendant primarily be liable for involuntary reception of goods?
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Which action does NOT represent conversion of goods?
Which action does NOT represent conversion of goods?
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What must the plaintiff demonstrate to make a claim for conversion?
What must the plaintiff demonstrate to make a claim for conversion?
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What is the primary difference between conversion and detinue?
What is the primary difference between conversion and detinue?
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What is required for a claim of detinue to be valid?
What is required for a claim of detinue to be valid?
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What damages can typically be recovered in a conversion claim?
What damages can typically be recovered in a conversion claim?
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Which of the following constitutes a voluntary act in the context of trespass to goods?
Which of the following constitutes a voluntary act in the context of trespass to goods?
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Study Notes
Intentional Tort: Interference with Goods
- Interference with goods involves the exclusive use of a person's personal property (movable goods).
- Principles of trespass applicable to land also apply to other forms of property, including goods and animals.
- Examples include cheques, bills of exchange, debenture notes, and share certificates.
- Trespass to goods is a form of intentional tort.
- It's similar to trespass to land and trespass to person, but protects personal property.
Types of Interference
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Trespass to Goods:
- This is one of the oldest forms of tort concerning interference.
- Trespass to goods developed alongside trespass to land and person, similarly protecting personal property.
- Definition: A wrongful and direct interference with goods in the possession of another. (Norchaya, 2010)
- Plaintiff's interest is to continue possessing and using property, and to prevent interference.
- Examples of trespass to goods: Use, removal, touching, or destroying another person's goods, taking someone's book without consent; running a key/coin along a car to scratch the paint; wheel clamping (unless risk voluntarily taken).
- Trespass to goods usually applies when there is no substantial damage or injury to the property.
- It is a civil concept, distinguishing it from a criminal act (e.g. stealing).
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Conversion:
- An act of denying the plaintiff's right to immediate use and possession of property.
- Taking over another's property and exercising ownership rights over it.
- The plaintiff can only claim the value of the goods, not the goods themselves.
- Ownership transfers to the defendant upon payment.
- Examples include: The detention of goods belonging to the plaintiff without permission after rejection of a demand for the goods; destruction of goods belonging to the plaintiff; selling goods without the plaintiff's permission.
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Detinue:
- This is the unlawful retention of someone else's property.
- Specifically, this is a wrongful retention of goods or refusal to return them to the rightful owner (the plaintiff), who has a right to immediate possession.
- A plaintiff seeking detinue must establish the right to immediate possession, a demand for return, and an unreasonable refusal by the defendant.
- Elements of Detinue: Demand and refusal, immediate right to possession.
- Demand and refusal: The defendant continues to hold the property even after the plaintiff demands its return.
- Immediate right to possession: The plaintiff must have an immediate right to possession as opposed to a future right.
- Remedies for Detinue: Damages (the value of the goods at the date of judgment, and any damages during wrongful detention between the date of refusal and the return).
Right of Finders
- A finder of an object has a good title, save against:
- The true owner
- The occupier of the land where the object is found (particularly if it is under, on or attached to the land)
- The occupier of a premises if they had an intention to control the area and everything contained in it.
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Description
This quiz focuses on the intentional tort of interference with goods, including the principles of trespass applicable to personal property. It covers the definition, examples, and different types of interference, particularly trespass to goods. Ideal for students studying tort law.