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:

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 in the car and then gave it to BF

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 Claudia left the car valued at $3000 Heavyfoot repairs & sells it for $5000 to Simpleton [Heavyfoot incurred a cost for $2000 ] 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

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