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The remedy in conversion: confusing property and obligation

Published online by Cambridge University Press:  02 January 2018

Nick Curwen*
Affiliation:
Southampton Solent University

Abstract

Where a defendant wrongfully detains the claimant’s goods the standard remedy in conversion permits the defendant to pay the value of the goods to the claimant instead of returning the goods. This amounts to legally sanctioned compulsory purchase. It will be argued that such a remedy is both muddled and unfair. It is muddled because it confuses a proprietary claim with a claim in tort. The action exists in a state of arrested development, never having advanced in step with the action of ejectment, which long ago ensured that wrongfully detained land could be recovered. It is unfair because it sanctions the purchase of the claimant’s goods against their will without any overriding public interest justification. The remedy in conversion needs to be unravelled to produce two distinct actions. One would be a true proprietary action that guarantees the recovery of wrongfully detained goods; the other would be a claim in tort providing personal remedies for wrongful interferences with title to goods. This can be achieved by reviving detinue but confining its ambit to the recovery of goods, leaving conversion to act as a tort.

Information

Type
Research Article
Copyright
Copyright © Society of Legal Scholars 2006

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