Detinue – Tort of wrongfully holding goods that belong to someone else.
Definition of Detinue
Detinue is a tort (civil wrong) under common law where a person wrongfully retains possession of goods belonging to another, after a rightful demand for their return has been made. The essence of detinue is the unlawful detention of goods, not merely their conversion or wrongful taking.
Key Points:
The plaintiff must have had a right to possession of the goods at the time of the alleged wrongful detention.
There must be a demand for the return of the goods and a refusal by the defendant.
The tort is actionable even if the defendant originally obtained possession lawfully (e.g., by borrowing).
Essential Ingredients of Detinue
Existence of goods: There must be specific goods capable of being delivered.
Rightful possession by the plaintiff: The plaintiff must be the owner or legally entitled to possess the goods.
Wrongful detention by the defendant: Defendant refuses to return the goods upon demand.
Demand and refusal: A demand for the return of goods must be made, and the defendant must refuse to deliver them.
Illustration
Suppose A lends a car to B. B refuses to return the car when A asks for it back.
Here, A can sue B for detinue because B is wrongfully retaining A's goods.
Distinction from Other Torts
| Feature | Detinue | Conversion |
|---|---|---|
| Focus | Wrongful detention | Wrongful interference |
| Possession | Can be lawful initially | Possession is wrong from the start |
| Remedy | Recovery of the goods or value | Usually damages |
Case Law Examples
Fouldes v. Willoughby (1841)
Two horses were put on a ferry. The defendant refused to return them to the rightful owner.
Court held that this constituted detinue, as the defendant wrongfully detained the horses.
Kuwait Airways Corporation v. Iraqi Airways Co. (1995)
The Iraqi Airways retained aircraft that belonged to Kuwait Airways.
The court held it was detinue, as the Iraqi Airways unlawfully retained possession of the aircraft despite demand.
Armory v. Delamirie (1722) – Historical principle
A chimney sweep found a jewel and refused to return it to its rightful owner (the finder acting on behalf of the owner).
While technically a case on conversion, it influenced detinue principles, emphasizing rightful possession and refusal to return.
Remedies in Detinue
Recovery of the actual goods (specific delivery).
Damages if goods are destroyed, lost, or cannot be recovered.
Damages may include the value of goods at the time of detention plus any additional loss caused by detention.
Summary
Detinue is about wrongful detention of goods.
It requires possession by the plaintiff, detention by the defendant, and refusal to return after demand.
Remedies include return of goods or damages.
Case laws like Fouldes v. Willoughby illustrate the principle clearly.
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