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Detinue

Law Determinate sentenceDetinuit

Detinue definition:
A common law action similar to conversion and also involving the possession of property by the plaintiff may also ask for damages for the duration of the possession.

 


DETINUE - The name of an action for the recovery of a personal chattel in specie.

Detinue. An action for depriving one of the possession of personality acquired originally by lawful means.

DETINUE, remedies. The name of an action for the recovery of a personal chattel in specie. 3 Bl. Com. 152; 3 Bouv. Inst. n. 3472; 1 J. J. Marsh. 500.

Detinue
Until abolished by the Torts (Interference with Goods) Act 1977, and action to obtain the return of goods in the wrongful possession of another.
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Detinue
Definition - Noun
[Anglo-French detenue, from feminine past participle of detenir to detain see detainer] ...

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Originally, the action was allowed for any plaintiff who claimed an obligation owed by another person, but the courts gradually began to recognize two forms of action: detinue, an action to collect a specific item of property, ...

Detinue: Tort involving the defendant's retention of property belonging to the plaintiff after the plaintiff has demanded its return. The plaintiff may seek damages for the period of possession, even without proving any actual loss.

Literally meaning "rights of a third [person]", is a defense in tort law against claims of possession such as detinue, or conversion. It is the acknowledgement of a third party who has better possession than the claimant seeking the action.
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attempts to reclaim specific property, through the court, whether the property is still in the first acquirer's hands or it has passed onto others, and even if the property has been converted (related common law terms: conversion, trover and detinue).

The innocence of the defendant who took the property is not an issue. It is the conversion that gives rise to the cause of action. This common law action replaced the old action of trover by English law dated 1852. Compare with detinue
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See also: Law, Person, Property, Court, Action