LA2019 Workshop 5 - 2024

Detinue is the wrongful detention of goods after a demand for their return has been made by the person with ____________

• a right to ethical possession or actual or constructive possession

• a right to immediate possession or actual or constructive possession

• a right to moral possession or actual or constructive possession

The cause of action for detinue arises at the _________

• point of failure to return the goods upon the court's request

• point of failure to return the goods upon the defendant's request

• point of failure to return the goods upon the plaintiff's request

Which are the true statements?

• Conversion is treating goods in a way incommensurate with another’s (better) right to possession

• Trespass to land is treating goods in a way incommensurate with another's (better) right to possession

• Detinue is refusal to return another’s goods upon request

• Trespass to goods is any unauthorised touching, handling, taking or moving of goods

Committing the tort of trespass to goods may be justified by the defence of necessity, i.e. if trespass to goods is ___________

• reasonably necessary to avoid some imminent threatened harm.

• reasonably necessary to avoid some imminent threatened defamation

  In relation to the tort of trespass to goods, the harm caused by the defendant’s actions in the defence of necessity ________

• should not be out of proportion to the harm the plaintiff seeks to avoid

• should not be out of proportion to the harm the defendant seeks to avoid

• should not be out of proportion to the harm the defendant has caused

Where trespass to goods has caused damage, the defendant may be liable to pay compensatory damages, which is the ___________

• difference between the value of the goods at the time the plaintiff purchased it and the value immediately after

• difference between the value of the goods two years before trespass and the value immediately after

• difference between the value of the goods immediately before trespass and the value immediately after

The usual measure for damages in conversion is the _________

• full market value of goods at the time of the court's judgment

• full market value of the goods at the time of conversion

• full market value of goods at the time the plaintiff purchased it

in detinue damages are awarded for the __________

• value of the goods at the time the plaintiff purchased the goods

• value of the goods at the time the demand for return was made

• value of the goods at the time of the judgment