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VALUE OF GOODS IN ACTION FOR DETINUE

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In Rosenthal v Alderton & Sons Limited (1946) 1 K.B. 374 at 377, the Court of Appeal in England said “In an action of detinue the value of the goods claimed but not returned ought, in our judgment, to be assessed as at the date of the judgment or verdict”.

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DAMAGES IN DETINUE & CONVERSION DISTINCTION

Whereas an action for damages in detinue considers a return of the res in specie, an action for damages for conversion relates to the pecuniary damages only. – Karibi-whyte JSC. Stitch v. AG (1986) Was this dictum helpful? Yes 0 No 0...

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ACTION IN CONVERSION VS ACTION IN DETINUE

In General and Finance Facilities Limited v. Cooks Cars (Romford.) Limited (1963) 1 W.L.R. 644 at p. 648, Diplock, L.J. (as he then was) differentiated action in conversion from action in detinue as follows: “There are important distinctions between a cause of action in conversion and a cause of action in detinue. The former is a single wrongful act and the cause of action accrues at the date of the conversion; the latter is a continuing cause of action which accrues at the date of the wrongful refusal to deliver up the goods and continues until delivery up of the goods or judgment in the action for detinue.”