(A) Trespass to goods: Immediate & direct unauthorized interference In the possession of the goods of another person. *Must be deliberate & intentional
ACTIONABLE PER SE
(1) Intention: pt must prove df had Intention to deal with e goods
NCB v EVANS - No trepass coz interference was accidental.
WILSON v LOMBANK - Df took pt's car from workshop thinking it was his. Trespass established.
(2) Direct Interference:
ACTIONABLE PER SE
(1) Intention: pt must prove df had Intention to deal with e goods
NCB v EVANS - No trepass coz interference was accidental.
WILSON v LOMBANK - Df took pt's car from workshop thinking it was his. Trespass established.
(2) Direct Interference:
KIRK v GREGORY - Def moved pt's belongings from one room to another without consent.
(3) Without lawful justification:
HJ AWALLUDIN V MRK ' - Local authority went into app's premises & removed his TV & cassette recorder because the assessment payment was overdue Section 148 of Local Government Act: can go to the premises and make seizure amounting to the payment app has not made.
(B) Conversion: Dealing by a person with goods in a way which is inconsistent with e right of e goods' owner where that person tends to ignore the right of the owner or, to claim a right which amounts to a denial of the owner's right over it * Action lies where goods are lost OR fundamental character altered.
(1) Intention to exercise dominion over the goods inconsistent with the owner's rights.
(2) Interference with possession: can be either by way of:
(i) taking and abusing possession.
(ii) denial of owner's rights.
JAG SHAKTI
(3) Without lawful justification:
HJ AWALLUDIN V MRK ' - Local authority went into app's premises & removed his TV & cassette recorder because the assessment payment was overdue Section 148 of Local Government Act: can go to the premises and make seizure amounting to the payment app has not made.
(B) Conversion: Dealing by a person with goods in a way which is inconsistent with e right of e goods' owner where that person tends to ignore the right of the owner or, to claim a right which amounts to a denial of the owner's right over it * Action lies where goods are lost OR fundamental character altered.
(1) Intention to exercise dominion over the goods inconsistent with the owner's rights.
(2) Interference with possession: can be either by way of:
(i) taking and abusing possession.
(ii) denial of owner's rights.
JAG SHAKTI
Apps were receivers of e cargo of socks & Resp was the owner of jag shakti ship. App was to receive the shipment with bills of loading. Resp gave the shipment at another company without the doc.
A person who finds an object has a good title to it and can keep it and can bring an action against anyone except:
(i) the owner
(ii) the occupier of the land where the object was found where the finder was a trespasser,
(ill) when the object is underneath/attached to the land.
ARMORY v DELMAIRE
BRIDGES v HAWKESWORTH
PARKER v BRITISH AIRWAYS BOARD
DANIEL v LUHAT WAN
