Faculty of law
TRESPASS TO GOODS &
CONVERSION
chapter eleven
24-Nov-14
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Trespass to Goods
• Trespass to goods means direct and wrongful
interference with the plaintiff’s possession of
goods. The interference with the possession of
goods may be by seizure or removal or by direct
act causing damage to the goods.
• Examples of trespass to goods: removing a tyre
from cycle or car, scratching the panel of a coach,
destroying or injuring the goods, beating or killing
the Animals or infecting them with disease, etc.
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Defences
• Trespass to goods can be justified if it is done in
defence of property or person, or in exercise of
legal right or under legal process.
• Lawful distress for rent is a recognized right and
it will be a defense of the trespass if done in
lawful exercise of it. Inevitable accident is also
considered as a good defence. i.e., the plaintiff’s
underground cables was damaged in excavation
work.
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Remedies
a) detinue: it is an action for the recovery of goods
wrongfully detained by the defendant.
b) Damages: the damages in general are measured
by the value of the goods or the amount of
injury done to them.
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Conversion
• According to Salmond, a conversion is an act of
wilful interference, without lawful justification,
with any chattel in a manner inconsistent with
the right of another, whereby that other is
deprived of the use and possession of it.
• A person who treats goods as if there were his
when they are not, is liable to be sued in
conversion.
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Conversion
• Conversion my be committed in many ways:
1) Conversion by taking goods: taking another
man’s chattel with the intention of asserting
dominion over it. i.e., stealing of goods
2) Conversion by detention of goods: to show an
intention to keep the thing defiance of the
plaintiff.
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Conversion
3) Conversion by wrongful delivery of goods:
depriving chattel from the owner to someone else
so as to change the possession.
4) Conversion by wrongful disposition of goods:
depriving a person from his goods without lawful
justification by giving another a lawful title to
them.
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Conversion
5) Conversion by wrongful destruction of goods:
consuming or destroying a chattel belonging to
another person.
6) Miscellaneous forms of conversion of goods: a
person is guilty of conversion who, in any other
way than those mentioned above, causes the loss
of chattel by any act of wilful (intentional)
interference without lawful justification.
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Defence to conversion
a) Jus tertii: the defendant can plead that third
party has superior title to that of the plaintiff.
b) Other defenses are lien, license, distress
damage feasant
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Remedies
• Where the defendant is not in possession of the
goods at the time of trial, the only remedy is by
way of damages. However, where the defendant
is in possession of the goods at the time of trial
there is further remedy by way of an order for
redelivery
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The end
Any questions?
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