What is trespass to chattel

Further Reading The Trap of Unsolicited Supply Learn what your rights and responsibilities are when you receive something you did not ask for.

Learn what the most common dispute issues are and what to do about them. Including Property Conditions, time limits and breaking of lease. An injured party may be able to pursue a claim against third parties who have knowingly received property acquired through a breach of trust or fiduciary duty. Gibbs Wright Litigation Lawyers is a law firm based in Brisbane that exclusively practices in civil and commercial litigation, negotiation and dispute resolution throughout Queensland.

Published May 11, Table of Contents. What is Trespass? That property can be either real property constituting Trespass to Land or personal property constituting trespass to chattels. What is a Chattel? A Chattel is any kind of personal property that may be owned except land. So it includes a wide variety of things.

Ownership of goods, livestock, shares, copyright, the right to recover debts, the right to use property including a lease of commercial or residential property and basically anything else you can own other than land.

What are the Elements of Trespass to Chattels? The elements of trespass to chattels are as follows:. Lawful Possession. The only person that can sue for trespass to chattel is the person in actual possession of the chattel at the time of the interference. Defences for Trespass to Chattels. The defendant may be able to establish a defence to trespass if the inference occurred in circumstances where the interference was necessary, but consent could not reasonably be obtained.

Jus Tertii. A cause of action in trespass may fail if the defendant can show that a third party has better rights to the chattel than the plaintiff. Inevitable Accident. Mistake is generally not a defence to intentional torts. However, mistake may be a defence to a cause of action in trespass if the defendant can prove that he or she acted with a mistaken belief, and the mistake was reasonable. Retaking Goods. Remedies for Trespass to Chattel.

Compensatory Damages. Nominal Damages. Exemplary Damages. Please select a city from the list. Connecting …. Are You a Lawyer? Grow Your Practice. How is Trespass to Chattel Similar to Conversion? Should I Contact a Lawyer? Jose Rivera Managing Editor Editor.

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Condominiums and Cooperatives. Purchase and Sale of Residence. Thus the boy sued. The court held that although the boy was not the true owner, the fact that he has possession of the goods gives him the right to sue for trespass. Thus, the goldsmith could not raise the issue of jus tertii better title.

Possession normally means physical possession by the possessor. However, in the case of a master-servant relationship, the master is in possession of goods held on his behalf by his servants. Also, a trustee not in physical possession would be held as having possession in a situation in which he brings an action against a third party in order to protect the goods.

Protection of persons or property: If trespass to goods is committed while trying to protect life or property, the defendant would not be held liable. However, the onus is on the defendant to prove that: a The danger was real and imminent.

Subsequently, the defendant shot the dog in order to protect his sheep. Exercise of a Legal Right: It would not be counted as trespass to goods if an action is done in levying lawful distress for rent.

This occurs in a situation in which the goods in question are causing damage to the property of the defendant. In this situation, he has a right to seize them till the plaintiff compensates him for his loss. Also, trespass to goods can be excused if it occurs in the carrying out of a legal process. This consists of the willful and wrongful interference with the goods of a person entitled to possession in such a way as to deny him such right or in such a manner inconsistent with his right.

The right to immediate possession is the determining factor. That is, if the right exists, actual possession is unnecessary. In the case of North Central Wagon and Finance Co Ltd vs Graham, the defendant bought a car from the plaintiff on a hire purchase agreement. However, the defendant defaulted in payment. According to the terms of the contract, upon default, the plaintiff would be entitled to reclaim the goods. The defendant, without informing the plaintiff, auctioned the car.

Thus the plaintiffs sued the auctioneer for conversion. Since the right in the goods were already vested in the plaintiff, there was no need for actual possession. Instances of Conversion Conversion of goods would arise in the following situation: 1. Wrongfully Taking the Goods: This must be accompanied by an intention to exercise temporary or permanent dominion over the goods.