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Introduction
Definition of Detinue
Differences Between Conversion and
Detinue
Elements of Detinue
Conclusion
DETINUE
Introduction:
• This tort involves the wrongful detention of goods by the
defendant; and this normally covers two circumstances: first,
where he is in possession of such goods and loses them, and
secondly, the refusal without justification to deliver the goods to
the person so entitled. (See the case of PKNS v Teo Kai Huat
Building Contractor [1982] MLJ 165).
• Detinue often arises in situations where the defendant initially has
possession over the goods but subsequently refuses to return them
to the rightful owner without any reasonable excuse or justifiable
reasons. Reasonableness is a question of fact and may depend on
the time of the demand, the expense and inconvenience of
immediate compliance and whether the defendant has sufficiently
explained to the plaintiff the reasons for his temporary refusal.
DETINUE
Definition of Detinue:
• Detinue may be defined as the illegal possession of goods. The possession
becomes illegal due to the withdrawal of consent by the owner of the goods,
who initially may have consented to the defendant having possession of the
same goods.
• In legal terms, detinue is the wrongful detention of goods which the plaintiff
has an immediate right to possess. The plaintiff will have a good cause of
action against the defendant if the refusal is due to the goods being lost.
• The cause of action arises after a specific demand for the return of the
chattel had been first made but the defendant opted not to comply. See the
case of Nambiar v Chin Kim Fong [1963] MLJ 60).
• The demand ought to particularise the person and the place for the chattel to
be returned (see the case of Capital Finance Co Ltd v Bray [1964] 1 WLR
323). The refusal to comply with the demand may be express or by
necessary implication. See the case of Houghland v RR (Low) Luxury
Coaches Ltd [1962] 1 QB 694. See also the case of Metals and Ropes Co
Ltd v Tattersall [1966] 3 All ER 401.
DETINUE
Differences Between Conversion and Detinue:
1) In conversion, there must be an intentional dealing whereas in detinue,
negligence is sufficient. For example, in conversion there must be an intention
on the part of the defendant in so doing to deny the owner’s right or to assert a
right which is inconsistent with the owner’s right. (See the case of Tay Kian
Hock v Kewangan Bersatu Bhd [2002] 4 MLJ 411). Thus, the tort will not be
established if there is no positive wrongful act on the part of the defendant.
2) As to conversion, only one wrongful act arises. On the other hand, detinue is a
continuous tort. The tort arises at the point where the defendant refuses to
return the goods until such time when the goods are returned or when judgment
is given.
3) In conversion, the person who sues must have either the right to immediate
possession, or actual possession. On the other hand, in detinue, the person suing
must have the right to immediate possession. For example, detinue often arises
in situations where the defendant initially has possession over the goods but
subsequently refuses to return them to the rightful owner without any
reasonable excuse or justifiable reasons. Reasonableness is a question of fact
and may depend on the time of the demand, the expense and inconvenience of
immediate compliance and whether the defendant has sufficiently explained to
the plaintiff the reasons for his temporary refusal.
DETINUE
Differences Between Conversion and Detinue: (Continuation)
4) In conversion, the act involves the denial of the defendant’s right over
the goods whereas in detinue, there must be a wrongful detention i.e.
there must have been a demand and a refusal. See the case of Nambiar
v Chin Kim Fong- where the plaintiff’s insurance company instructed
for the plaintiff’s car to be sent to the defendant’s workshop for repairs.
On July 27, 1961 the defendant informed the plaintiff that the repairs
were completed and the car was ready for delivery. On August 12 the
plaintiff went to collect the car but the defendant refused to release the
car unless the plaintiff signed a certain document which the plaintiff
was under no duty to sign. At a later date, the plaintiff again demanded
for the car and again the defendant refused to release it for the same
reason. The court held that since the plaintiff was asked to sign what
amounted to a release to his insurance company and the defendant
against any bad work, and added to that the repairs did not entirely
satisfy the plaintiff, the defendant’s request was unreasonable and
constituted a detinue.
DETINUE
Conclusion:
• Since detinue is defined as the wrongful detention of goods
which the plaintiff has an immediate right to possess, it is
important therefore to note that the principal remedy to the
plaintiff, in addition to damages, would be to claim the value
of the chattel or its return. As for damages, this may include
the value of the goods and damages for wrongful detention,
in addition to special damages.