Conversion and Detinue

Notes:

This sample question deals with the tort of conversion and detinue.

You should be alert with this kind of question because it is easy to stray and answer the question using other heads of tort. But the most important guide here is the sentence: “Henry has not refunded Drucker’s money and Alen has refused to give up the bike.” From this, you should be able easily decipher that the operational words here are “money” and “bike” which should serve as your pointer that the question is about the topic, “Intentional Interference with Personal Property (Chattels),” as per the NCA syllabus. Also, you should be alert to the fact that you must discuss Drucker’s right of action against both Henry and Alen. The fact that a third party is involved should alert you to the fact that you must discuss the civil liability or otherwise of this third party too.

There are three heads of torts under intentional interference with personal property: trespass to chattels, conversion and detinue. The facts of the case do not support an action in trespass (as explained in the answer below) and so, you should avoid answering this so as not to waste valuable time.

We have dealt with the principles and requirements for conversion and detinue in our sample answer.