Law of Tort
Presentation on Tutorial weeks 6-7
Question 3
Presenters
Charles and Harvik
Meaning of conversion and detinue
Conversion refers to
a civil wrong (tort) in which one converts
another's property to his/her own use.
a manner which is seriously inconsistent with
the possession.
Detinue refers to a wrongful detention of a
chattel
Source: http://dictionary.law.com/
Methodology
Facts
Issues
Rules
Applications
Conclusion
Facts
Who are in the case?
Heavyfoot (who sales the car)
Simpleton (auctioneer)
Claudia (the car’s owner)
Facts
Heavyfoot
saw an old car near his flat but could
not find the owner.
towed and repaired it to be
roadworthy.
found a diamond ring
in the car
but could not find the owner even
though he put an advertisement in
the newspaper.
sold the car to Simpleton for $5000.
Facts (con’t)
Claudia (The car owner)
 her new car was stolen
 was unable to trace her old car
 looked for a second-handed car
 bought a car from Simpleton by $10000
 discovered that it was her car.
 Yet, delighted to find a diamond ring
the car and then gave it to BF
in
Issues
1. Whether Heavyfoot is liable for
conversion or detinue?
2. Whether Simpleton is liable in conversion
or detinue?
3. Who has the better title of that diamond
ring?
Rules

Munro v Willmott [1949] 1 KB 295
D, who disposed P’s goods, would be liable under
conversion unless emergency of necessity of
disposal exists

R.H. Willis & Son v British Car Auctions Ltd [1978] 1
WLR 438
 auctioneer who facilitates the sale would be liable
for conversion

Parker v British Airways Board [1982] QB 1004
ownership of lost goods belongs to one who have a
manifestation of intention to exercise control on the
goods
Applications
Heavyfoot
“Tow” and “repair” = conversion & detinue
no emergency of necessity of disposal
would probably be liable under conversion
and detinue*
sold the car with the ring in = no intention
to exercise control over the ring**
*Munro v Willmott
**Parker v British Airways Board
Applications
Simpleton
“Sold” the car to Claudia = facilitated
the sales
Probably liable for conversion and
detinue*
*R.H. Willis & Son v British Car Auctions Ltd
Applications
Claudia
entitled possession and ownership of the
old car
would sue Heavyfoot and Simpleton for
damages
“gave” the ring to her BF = intention to
exercise control over the ring
has the ownership of the ring*
*Parker v British Airways Board
Remedies
Remedies for conversion
Not required to take the chattel back
entitled to the full value of the chattel
together with any consequential loss which
is not too remote.
Remedies
For detinue, material time for the
assessment of the value of the chattel is
the date of judgment.
If increase in value due to D’s act, P
cannot claim the increased value.
Case reference: Munro v Willmott [1949] 1
KB 295
Remedies
Heavyfoot repairs & sells it
for $5000 to Simpleton
[Heavyfoot incurred a cost
for $2000 ]
Claudia left the car
valued at $3000
Simpleton sells the
car to Claudia for
$10,000
Damages awarded
$3000 value of the car
Before any repair plus
any damages that is not
too remote
Conclusion
Heavyfoot
Liabilities: tort of conversion and detinue
Simpleton
Liabilities: tort of conversion and detinue
Claudia:
Rights: to sue Heavyfoot and Simpleton
to exercise ownership over the diamond ring
THANK YOU
THE END