First Principles of Business Law

4. Detinue

4.2.  Wrongful failure to relinquish control of another's goods

Read the example below, and then answer the questions.

A, a carpenter, asks B to lend him a bench saw. B says, "You can borrow this saw until I need it again". One week later, B signs a contract with C to fit shelving in C's department store. B needs his saw to do the work and asks A to return it. A says, "Sorry but I can't get it back to you for a day or two". Two weeks later A has still not returned the saw. Because of the delay C cancels the contract with B. B wants to get the saw back from A, as well as damages for the profit he lost on the contract with C. Does he have a right of action in these circumstances?

1. Can B allege a trespass to chattels against A in these circumstances?

2. Could there be an action for detinue in these circumstances?

3. If successful in establishing detinue, could B claim the value of the saw instead of its actual return? And would he be entitled to compensation for the contract that the department store terminated?