TORT 1.10 DEFENCES TO RESPASS TO GOODS
The defenses are not watertight as they sometimes spill over to the next.
- 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.
- The defendant can show that he has a better title than the plaintiff.
- Defendant can show that he is enforcing a court order or acting under a court process.
- Limitation of time: for example, that the case is statute barred cases.
- Subsisting lien.
- Subsisting bailment.
- Inevitable accident: although it would not avail someone under Detinue.
- Innocent delivery.
- Honest conversion
- Temporary retention especially in the case of lost and found items.
- Self defence.
- A claim for replacement or the current market price especially where goods have been destroyed.
- Claim for a return or an order of replevin. Especially in the case of Detinue or conversion.
- General or special.
- Order for delivery.
- Repair of the damaged goods.
Who may sue?
Owners, bailees see the winkfield case, finders, trustees,