torts · claim
Detinue is a common law tort that involves the wrongful detention of personal property. The plaintiff must prove they had a right to possess the property and that the defendant unlawfully retained it despite a demand for its return.
The plaintiff must demonstrate that they had a right to possess the personal property in question.
What to prove: The plaintiff must show that they legally owned or were entitled to possess the goods at the time of the detention.
The plaintiff must establish that the defendant wrongfully detained the property after a demand for its return.
What to prove: The plaintiff must prove that the defendant refused to return the property when asked, which constitutes wrongful detention.
A proper demand for the return of the goods must have been made by the plaintiff.
What to prove: The plaintiff must show that they made a clear demand for the return of the property to the defendant.
The plaintiff bears the burden of proof by a preponderance of the evidence.
Expect to analyze problem questions involving wrongful possession and the legal rights of ownership versus detention. Focus on the elements and applicable defenses.