Trespass to Chattels has some elements and features that are analogous to, or overlap with, the Tort of Detinue and the Tort of Conversion. Commonly, a party who has suffered loss and damage will sue for all three torts with the aim of being successful for at least one of these actions. Although care needs to be taken, there can be advantages to suing for multiple causes of action in the same proceedings, including because there are certain differences in the elements between the three torts that protect goods.
If you have been accused of trespass to chattel, there are certain defences that may be available to you, including but not limited to:. Consent can either be express or implied by conduct; however, it must be genuine and voluntary. Inevitable accident is a defence that apply in circumstances where the defendant can show that their conduct was involuntary, and accordingly, the defendant is without fault.
There may be a defence to trespass if the defendant is a minor who can establish their inability to understand the true nature of the act committed. A defendant may be able to establish a defence to trespass if the defendant can prove that reasonable force was used to retake goods to which the defendant has a better right to possession than the plaintiff, or where the goods were wrongfully taken from the defendant by the plaintiff.
If you wish to bring a claim for trespass to chattel or land, there are various remedies that may be available to you, including:. Compensatory damages applies if damage to the chattel has been sustained or not capable of being returned.
The aim for this type of damages is to put an injured person in the same situation as they would have been in had the trespass not been committed. Trespass is a tort of strict liability, which means that nominal damages i. An injunction is a Court order preventing a party from doing something, or alternatively, forcing a party to do a specific thing.
In order for the Court to grant an injunction, the Court must be satisfied that the damages suffered by the plaintiff are significant such as where the trespass is ongoing. Exemplary damages, also referred to as punitive damages i. Exemplary damages although not traditionally so are available for any tort.
Share on facebook Facebook Share on twitter Twitter Share on linkedin LinkedIn The content of this publication is intended as general commentary only and may not be suitable or applicable to your personal circumstances.
It is not intended to replace independent legal advice. You can contact us at our Brisbane Office for a free consultation on a range of litigation matters on 07 Need a Litigation Lawyer? If you have a dispute in Queensland, we can help resolve it. See our Services. About Gibbs Wright Gibbs Wright is a Queensland litigation law firm based in Brisbane that exclusively practices in civil and commercial litigation, negotiation and dispute resolution throughout Queensland, Australia.
About us. When do you make an Insurance claim? What types of insurance are there? Learn all about security for Cost Orders and how to get one. Further Reading Conspiracy What are lawful and unlawful Conspiracy?
For example, if someone steals your property and you are able to recover it with minimal or no damages, you may have a cause of action in trespass but if the same individual steals the property and sells it to another, you will have a cause of action in conversion.
If you feel that someone has intentionally and wrongfully interfered with your personal property without your permission, it may be beneficial to consult with a local personal injury attorney before proceeding. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here. Choose a Legal Category: Family Law.
Real Estate and Property Law. Criminal Law. Personal Injury. Defective Products. Intellectual Property. Business and Commercial Law. Please provide a valid Zip Code or City and choose a category. Please choose a category from the list. Please select a city from the list and choose a category. People v. Fielden , Colo.
It is not uncommon for a plaintiff to seek both criminal prosecution of the defendant and to file for civil relief concurrently. In such cases, punitive damages are also often sought. While the economics of the case must be considered before commencing legal action, see Buying Justice the tort of conversion is one of the most common legal actions brought and involves everything from plaintiffs claiming wrongful taking of jewelry to actions against banks for wrongful repossession of property.
It is common in actions for embezzlement and fraud and given the overcrowding of the criminal calendar and reluctance of overburdened district attorneys to prosecute, a good way for the wronged plaintiff to seek effective relief. The defendant must confront the fact that ignorance of true ownership is not a defense to other than criminal conversion but the defendant still has a large number of defenses to consider utilizing.
Founded in , our law firm combines the ability to represent clients in domestic or international matters with the personal interaction with clients that is traditional to a long established law firm. Home articles conversion basic tort. This article shall discuss the basic law involving conversion.
The Essential Law: Conversion is considered the civil side of larceny, namely the improper taking of non real property from another without due authority. Baram v. Farugia , F. A conversion is usually proved in one of three ways: by tortuous taking; by any use or appropriation of the use of the person in possession, indicating a claim of right in opposition to rights of the owner; or refusal to give up possession to the owner on demand.
Litzinger v. Estate of Litzinger In re Litzinger , B. Defenses to Conversion: Defenses that are normally advanced for conversion are: Abandonment of property by plaintiff. Authority of law. Consent or approval of plaintiff. Statutes of limitation.
Interest of defendant e. Lack of value of property. Nonexistence or lack of identity of property. In certain circumstances and under certain statutes, a defendant has the privilege to claim possession…storage facilities after proceeding along statutory lines, can seize stored property and are privileged to do so, for example.
Unlawful and illegal acts. Waiver, ratification, and estoppel. See our article on Contracts. Damages Available: A plaintiff is entitled to damages equal to the full value of the chattel at the time and place of conversion.
Criminal Conversion: A person who knowingly or intentionally exerts unauthorized control over the property of another person commits criminal conversion. Conclusion: While the economics of the case must be considered before commencing legal action, see Buying Justice the tort of conversion is one of the most common legal actions brought and involves everything from plaintiffs claiming wrongful taking of jewelry to actions against banks for wrongful repossession of property. Article Categories.
Business Law. Unfair Competition Law. Threats From Competitors. Criminal Law in the United States.
0コメント