TORT Study Notes :Trespass to Goods and Conversion
Dear Readers,Here we are providing you updated and most relevant Study notes on Tort of Trespass to Goods and Conversion for Law Entrance Exam. These study notes are highly recommendable for all those who aspire to crack CLAT, DULLB, AILET and other Law Entrance Exam.
Meaning
Trespass to goods means direct and wrongful interference with the plaintiff’s possession ofgoods. The interference with the possession of goods may be seizure or removal or by direct act causing damage to the goods.
For example: Removing a tyre from a car, destroying or injuring the goods.
Case study: Kirk V Gregory
On death his sister in law removed certain jewellery form the room where his dead body was laying and kept it in another room under a reason but mistaken belief that it is necessary for it safety of jewellery. Jewellery was stolen and sister in law was held liable for the jewellery defenses.
Defence
Trespass to goods can be justified if it is done in defence of property or person, or in theexercise of a legal sight or under legal process.
Example: A’s dog attacks B’s sheep and in order to save his sheep if B causes any harm to
A’s dog, it is justifiable.
Remedies
1) Detinue 2) Damages1. Detinue It is an action for the recovery of goods wrongfully detained by the defendant.
When the defendant unlawfully detains the goods of plaintiff and refuses to deliver the
same on lawful demand, the plaintiff can recover the same by bringing an action for
2. Detinue.
2. Damages In case of trespass to goods damages are measured by the value of the goods
or the amount of injury done to them.
Conversion
A person, who treats goods as if they were his, when they are not, is liable for conversion.The intentional interference with the property of another amount is conversion.
Conversion can be committed in following ways:
1. Conversion by taking goods.
2. Conversion by detention of goods
3. Conversion by wrongful delivery of goods
4. Conversion by wrongful disposition of goods
5. Conversion by wrongful destruction.
Practice exercise:
1. Direct and wrongful interference with the plaintiff’s possession of goods is known asA. Defamation B. Trespass to person
C. Trespass to goods D. None of the above
Ans.C
2. On death of the plaintiff his sister in law removed certain jewellery form the room where his dead body was laying and kept it in another room under a reason but mistaken belief that it is necessary for it safety of jewellery. The jewellery was stolen. Will she be liable?
A. Yes B. No
C. May be D. None of the above
Ans.A
3. Trespass to goods can be justified if it is done in defence of property or person, or in the
exercise of a legal sight or under legal process
A. True B. False
C. May be D. None of the above
Ans.A
4. A’s dog attacks B’s sheep and in order to save his sheep if B causes any harm to A’s dog will it be justified?
A. Yes B. No
C. May be D. None of the above
Ans.A
5. Remedies that a person has against trespass of goods is
A. Dentinue B. Damages
C. All of the above D. None of the above
Ans.C
6. A person, who treats goods as if they were his, when they are not, is liable for
A. Extortion B. Theft
C. Conversion D. None of the above
Ans.C
7. Conversion can take place in which of the following ways?
A. Conversion by wrongful delivery of goods
B. Conversion by wrongful disposition of goods
C. Conversion by wrongful destruction.
D. All of the above
Ans.D
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