Principle

TORT LAW – Detinue – Cause of Action – Facts Required to Support Claim for Return of Document

Area of law
TORT LAW
Court
Supreme Court

A claim for detinue requires proof of three elements: (1) the plaintiff's entitlement to immediate possession (usually through ownership); (2) the defendant's wrongful detention of the chattel; and (3) an unconditional refusal to surrender after a demand for return. The demand must be clear and…

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