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6 Cards in this Set

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Trespass to Goods - Introduction
This tort protects both property and privacy rights.

There is a parallel with trespass to land, in that a person may not need to establish lawful ownership, but merely de facto possession, to establish trespass.

However, as with trespass to land, where the Def can show superior title to a chattel, de facto possession is insufficient, and the trespass action will fail, e.g. Webb v. Ireland (1988).

A person with lawful possession may succeed in a trespass action against the lawful owner, where the latter exceeds the lawful authority, e.g. the Consumer Credit Act 1995 the consumer is protected to a certain extent in respect of chattels obtained by lease or on hire purchase, when the owner wishes to recover them.

"Possession” has a broader meaning than its colloquial meaning: in Webb it was held that the owner of land, who is also in possession, is also regarded as being in possession of any chattels attached to it
Jennings v. Quinn (1968)
The SC allowed a person to recover goods which had been seized in the belief that he had stolen them, without demanding that he prove ownership.
Webb v. Ireland (1988)
As with trespass to land, where the Def can show superior title to a chattel, de facto possession is insufficient, and the trespass action will fail.

It was held that the owner of land, who is also in possession, is also regarded as being in possession of any chattels attached to it.
Consumer Credit Act 1995
The consumer is protected to a certain extent in respect of chattels obtained by lease or on hire purchase, when the owner wishes to recover them.
ESB v. Hastings (1965)
It was held that the Pls had sufficient dominion over cables buried four feet underground to have possession of them for the purposes of trespass.
What interference is necessary to ground an action?
(a) Taking possession;

(b) damaging;

(c) moving – in Whelan, moving chairs was held to be trespass; and perhaps even

(d) touching chattels may constitute trespass.