• Congratulations to the Class of 2024 on your results!
    Let us know how you went here
    Got a question about your uni preferences? Ask us here

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

jaydizzlegear

Member
Joined
Jul 18, 2014
Messages
57
Location
Picton
Gender
Male
HSC
2013
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.
 
Joined
Oct 22, 2013
Messages
142
Gender
Male
HSC
N/A
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

ремове кебаб
Joined
Aug 8, 2012
Messages
1,401
Gender
Male
HSC
2007
Uni Grad
2014
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...
 
Last edited:

Chazure

Member
Joined
May 7, 2009
Messages
84
Gender
Male
HSC
2011
Uni Grad
2018
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 ;)
 

Users Who Are Viewing This Thread (Users: 0, Guests: 1)

Top