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detinue

Law French · DET-in-yoo · Torts

Meaning. The wrongful detention of another's goods after a demand for their return, and the action to recover them.

Detinue is a common-law action in which the plaintiff claims the return of specific goods (or their value) and damages for their detention. The essentials are the plaintiff's right to immediate possession, a demand for return, and the defendant's refusal. It differs from conversion, which is a dealing with goods inconsistent with the owner's title; detinue is about keeping them.

In India the remedy is given by the Specific Relief Act, 1963: s.7 allows recovery of specific movable property, and s.8 lets the court order delivery against a person in possession who is not the owner, for instance a trustee or one holding the article as an agent, where compensation would not be adequate.

Example

The heirloom necklace was kept back after demand, so the owner sued in detinue for its return under s.7 of the Specific Relief Act.

In Indian law

  • Sections 7 and 8, Specific Relief Act, 1963: recovery of specific movable property

See also

damages · ex delicto

Read more in the study notes

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