Tort; trespass to chattels; wrongful interference with another's right of possession.
Facts: Wilson bought a car from a person who did not own it. The seller was therefore unable to make Wilson the owner. Wilson took the car to a garage for repairs. Lombank approached the garage believing the car was his, claimed to be the lawful owner of the car, and took it away. Later, Lombank discovered that another person was the legal owner. Lombank handed the car to that person. Wilson brought an action against Lombank for trespass to goods, claiming that although he (Wilson) was not the owner of the car, he was entitled to possession of the car at the time that Lombank took it away from the garage. Lombank argued that Wilson was not in possession of the car.
Issue: Had Lombank wrongfully interfered with Wilson's right of possession?
Decision: There had been a wrongful interference with Wilson's right of possession.
Reason: The court held that, although Wilson had given the car to the garage for repairs, he had retained the right to immediate possession. Lombank had therefore dealt with the car wrongfully and this was a trespass to Wilson's chattel. Wilson was awarded damages.