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19 Jan

TORT 1.10 DEFENCES TO RESPASS TO GOODS

DEFENSES TO INTERFERENCE TO GOODS.

The defenses are not watertight as they sometimes spill over to the next.

  1. Jus tertii: the defendant can plead and establish that he is acting on behalf of a disclosed person with a better title than that of the plaintiff.

The identity of the person with a better title must be disclosed, *his better right or right to ownership must be established too- COP v. Oguntayo.

  1. The defendant can show that he has a better title than the plaintiff.
  2. Defendant can show that he is enforcing a court order or acting under a court process.
  3. Limitation of time: for example, that the case is statute barred cases.
  4. Subsisting lien.
  5. Subsisting bailment.
  6. Inevitable accident: although it would not avail someone under Detinue.
  7. Innocent delivery.
  8. Honest conversion
  9. Temporary retention especially in the case of lost and found items.
  10. Self defence.

 

REMEDIES.

  1. A claim for replacement or the current market price especially where goods have been destroyed.
  2. Claim for a return or an order of replevin. Especially in the case of Detinue or conversion.
  3. General or special.
  4. Order for delivery.
  5. Repair of the damaged goods.

 

Who may sue?

Owners, bailees see the winkfield case, finders, trustees,

Isochukwu

Quite eccentric really

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