LAW 122 Lecture Notes - Lecture 26: Detinue, False Imprisonment
15 Sep 2017
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Prem could also succeed in an action for false imprisonment. The imprisonment occurred when prem was taken into police custody and held in a jail cell for several hours. By the time that those events occurred, hedy knew that her accusations against prem were false. Instead, hedy directed the police to apprehend prem: chattels are moveable forms of tangible property, such as cars and cows. Tort law protects possession of chattels primarily through three torts: trespass to chattels, conversion, and detinue. While there is considerable overlap between those three torts (with the result that the plaintiff sometimes has the option of suing for more than one), each tort is, in some respects, unique. Trespass to chattels occurs when the defendant interferes with chattels in the plaintiff"s possession. The element of interference is satisfied if the defendant damages, destroys, takes, or uses the plaintiff"s goods. The amount of protection that the tort provides depends upon the circumstances.
