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Tort Notes

Tort of trespass to personal property and conversion involve direct interference with someone else's personal property without permission. Trespass to personal property includes using, touching, or destroying another's movable goods like vehicles, electronics, or books. Conversion involves exercising ownership rights over property that belongs to someone else by unlawfully taking, keeping, selling, or destroying it without consent. To succeed, the plaintiff must show the defendant intentionally interfered with the property and denied the plaintiff's right to possession of it. Remedies for conversion include damages compensation or return of the property. Detinue involves the wrongful retention or refusal to return another's goods after demand.

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Shäränyä Subramaniam
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674 views

Tort Notes

Tort of trespass to personal property and conversion involve direct interference with someone else's personal property without permission. Trespass to personal property includes using, touching, or destroying another's movable goods like vehicles, electronics, or books. Conversion involves exercising ownership rights over property that belongs to someone else by unlawfully taking, keeping, selling, or destroying it without consent. To succeed, the plaintiff must show the defendant intentionally interfered with the property and denied the plaintiff's right to possession of it. Remedies for conversion include damages compensation or return of the property. Detinue involves the wrongful retention or refusal to return another's goods after demand.

Uploaded by

Shäränyä Subramaniam
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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- Exclusive use

- Personal property
- Tort law is not a public law it’s a private law
- Examples of personal property : a car ,bike, movable propertry : laptop,books,etc

- Property
- Good or animals
- Cheque, a bill of exchange , a debenture note or a share of cerficate
- Trespass to personal property is close to the offence of stealing
- Criminal and torts : procedure is different , punishment

- Land – person but protects personal property


- Wrongful and direct interference of good that are in possession of another
- Includes : using , removing , touching or destroying another’s good
- Wheel claimping : car’s will be CAR WILL CLAMPED , however when you park there if
there’s a signboard *consired* not trespass because been acknowledge earlier in the
form of signboard
- Actionable perse
- Who can sue ? A person with franchise : something to do with business
- ELEMENT
 Mental state of the defendant
Must prove that defendant had intended to deal with the goods (niat)
# National Coal Board v Evans
# Wilson v Lombank

 Inteference
Direct act ( indirect only under Wilkinson v downton) and Contact
Physical interference & voluntarily done by defendant
# Kirk v Gregory (1876)
# Haji Awalludin bin Anidin v Majlis Perbandaran Kuantan (1996)
- An act of denying the plaintiff’s right to immediate use n possession
- Taking over another’s property
- Exercising ownership right over it
- The plaintiff can only claim the value , you cannot claim the property it will be
transferred to the defendant . (if you want that property back who don’t bring the case
under conversion)
- Detaining goods belonging to the plaintiff w/o permission
- Destruction of P’s goods
- Selling goods w/o P’s permission.
ELEMENTS
 Mental state of defendant
- Delibarate (mmg ada niat) and intentional act
- Voluntary act
- Exclude P’s from use of passion of good ( halang P drpd guna barangnya)
- No knowledge that goods belong to anther in no excuse ( a jual kpd b which is P’s belonging , P’s
sue b so b cannot tell that she’s not aware )
Asbhy v Tolhurst(1937)
Lewis Trust v Bambers Stores (1983)
 Inteference
- Unlawfully taking possession of another’s property & converting into his own use
- Exp : D took the book and changed the cover n kept it
- D borrow P’s book promising to return soon but continus to keep it and underlines …. And
refuses to return the plaintiff – abusing possession.
- If a person receives good voluntarily when in the fact the goods belongs to 3rd party ( not in
constent) the party who receives them maybe liable in conversion
# Ingram v Little (1961)
# Moris v CW Martin & Sons Ltd (1966)
# Sykt Jnegka Sdn Bhd v Abdul Rashid Harun ( 1981)
- Involuntary Receiption of Goods
# Lethbridge v Phillips (1819)
# Howard v Harris (1884)
# Hollins v Fowler (1975)
Remedies For Conversion
- Damages n compensation
- Plaintiff can have the goods to be restored plus the damages

- ‘ detenue’ = to hold back


- Unlawful retentation of someone’s else goods
- Wrongful retention of plaintiff’s good or refusal to return goods to the plaintiff who has the
right of immediate possession , and the plaintiff wants the good to be returned
Elements
 DEMAND & REFUSAL
- The D must continue to keep the property even after the P demanded for its return
- Meaning : Pf must have demanded to return for the goods
Df must have refused to return the goods
#Nambiar v Chin Kim Fong (1963)
# Abdul Mutalib bin Hassan v Maimoon Haji Abdul Wahid (1992)
 Plaintiff has the Immediate righto possession

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