First Principles of Business Law

Liability in tort for wrongful conduct

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?

   
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