help, im like the dumbest kid in my class (torts) (1 Viewer)

jaydizzlegear

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whats the difference between detinue and conversion?


??
I actually haven't done torts as a subject, but I know for sure that conversion is usually for example, when you sell something that does not belong to you, usually innocently, without an intention to permanently deprive, as that could lead to a criminal action. It is essentially interference with someone's property rights without an element of dishonesty.

Detinue is an action where someone believes they have a greater right to a property than the current possessor. To succeed under detinue, the plaintiff needs to prove a better right to possession of the property than the possessor, and must prove the possessor did not return the item after the plaintiff demanded it.
 
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I actually haven't done torts as a subject, but I know for sure that conversion is usually for example, when you sell something that does not belong to you, usually innocently, without an intention to permanently deprive, as that could lead to a criminal action. It is essentially interference with someone's property rights without an element of dishonesty.

Detinue is an action where someone believes they have a greater right to a property than the current possessor. To succeed under detinue, the plaintiff needs to prove a better right to possession of the property than the possessor, and must prove the possessor did not return the item after the plaintiff demanded it.
yeah, I looked at someone else's notes, and "Conversion is 'a dealing with a chattel in a manner repugnant to the immediate right of possession of the person who has the property or special property in the chattel" (so for example, destruction) and "Detinue is a wrongful refusal to tender goods upon demand by P, who is entitled to possession."
 

wannaspoon

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Detinue is action to recover wrongful taking or holding of personal property... eg: wrongfully holding a car under lien because a person hasn't paid for a repair (when they have)

Conversion is voluntarily interference against another persons goods... eg: Selling something in good faith, that isn't yours... then trying to recover proceeds (because you can't recover the item...)

It's been a while... I don't know if that is 100% correct...

Google is your friend, my friend... Torts is pretty easy...
 
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Chazure

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didn't really go deep into detinue and conversion till property law.

if it's anything like my torts course, save your energy to understand duty of care a few weeks for now *shudder*

also, chill. you're not the dumbest kid in your class ;)
 

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