Principle

TORT LAW – Detinue – Wrongful Detention – When Refusal Conditional on Repayment of Debt Unauthorised by True Owner Does Not Defeat Cause of Action

Area of law
TORT LAW
Court
Supreme Court

A conditional refusal to return goods does not defeat a claim for detinue if the condition is improper. Requiring the true owner to repay a debt they did not owe or authorise is not a valid condition. Such a refusal is treated as an unconditional…

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