《Trespass to land and chattels 12-13》.ppt

* * * * * * * * * * * * * * * * * * * ACTS CONSTITUTING CONVERSION Sale and other dispositions Disposal of another person’s chattel without authority by sale and delivery is conversion on the part of both the seller and the buyer, and it does not matter whether the title is thereby transferred or not, or whether the seller or the buyer knew that he had no authority to sell (R H Willis Son v British Car Auction (1978 ) See also Sale of Goods Ordinance ss 20, 24 48 * Interest of P – not owner Bailee A bailee can recover for conversion of the goods under his custody. Ordinarily the bailee is required to pay the money received from the converter over to the bailor but even if there is no duty or obligation to account for the money received D does not go scot free : The Winkfield (1900) Bailor Bailment for a fixed period- bailor has no right to sue unless the bailment is determined Bailment-at-will-, bailor can sue at any time * Interest of P – not owner Finder In the absence of the true owner, a mere finder of a chattel has all the rights in respect of the chattel Parker v British Airways Board ( gold bracelet) (1982) What if a chattel was found in a private home? What if a chattel was found on the floor of a shop or in a room rented to another Where an article is lying attached to or under the land, the occupier of the land (Waverley B C v Fletcher (1996)) What if a chattel was found by an employee during the course of his employment at the employer’s place of work? What if a chattel was found by the employee at a place which is not in the employer’s occupation and control (Byrne?v?Hoare (1965) ) * Subject matter Tangible or intangible chattels/goods websites or email system Rare coins and coins of antiquity, rare notes The Hong Kong and Shanghai Banking Corp v Chan Yiu Wah Anor (1988) human body parts and tissues : eg blood corpse which has undergone a process or application of human skill R v Kelly(1999) * Defences D can plead Jus Tertii if D is defendi