Ex. A—leases car to B—lends to C (who damages the car) B has the possessory interest A can sue B- so A is protected although they don’t have possession of immediate right of possession, but nevertheless wants to protect goods Can only sue for the damage of property- even when they don’t have an immediate property interest ***won’t be a major part of the exam REMEDIES TO RETRIEVE GOODS- NOT TORTS Replevin- a court order to get speedy recovery of goods before the trial May be concerned that the goods are wasting away or continuing to be damaged NOT a tort- a form of interlocutory relief (given in an intermediate stage) A means of restoring the status quo ante Replevy (first step)- the actual court order to seize the stuff and return it to P Tends to occur on notice But P can proceed ex parte- without notice of D If there is a risk that D will destroy or dispose of the goods if forewarned P must provide security- ensures that if the matter is resolved in D’s favour, P will be able to pay compensation and costs Premised on P’s promise to return the goods to D if the court decides in their favour Action in replevin- having recovered the goods, P still must go through a full trial to determine which party rightly deserves the goods Thriving in practice in Canada ***more about this- p. 152 Recaption- occurs when a dispossessed owner simply takes back the goods Based on the notion that you can use reasonable force to recovery your goods Ex. you see someone stealing your bike so you go and grab it back to prevent the theft Distress damage feasant- an occupier of a land can seize a chattel that is on his land if it has caused or is causing damage Chattel can be held until compensation for loss is paid Occupier of land is not allowed to sell the chattel, only hold it- effectively converting it without being open to a tort This is a remedy Defences from trespass to land apply here- consent, necessity, and legal authority INTENTIONAL INTERFERENCE WITH ECONOMIC INTERESTS- business torts More narrow- courts don’t want to interfere with the markets and business practices Trying to achieve a balance- allow markets to work without getting involved Nature of markets- there is a winner and a loser
Ex. A—leases car to B—lends to C (who damages the car) B has the possessory interest A can sue B- so A is protected although they don’t have possession of immediate right of possession, but nevertheless wants to protect goods Can only sue for the damage of property- even when they don’t have an immediate property interest ***won’t be a major part of the exam REMEDIES TO RETRIEVE GOODS- NOT TORTS Replevin- a court order to get speedy recovery of goods before the trial May be concerned that the goods are wasting away or continuing to be damaged NOT a tort- a form of interlocutory relief (given in an intermediate stage) A means of restoring the status quo ante Replevy (first step)- the actual court order to seize the stuff and return it to P Tends to occur on notice But P can proceed ex parte- without notice of D If there is a risk that D will destroy or dispose of the goods if forewarned P must provide security- ensures that if the matter is resolved in D’s favour, P will be able to pay compensation and costs Premised on P’s promise to return the goods to D if the court decides in their favour Action in replevin- having recovered the goods, P still must go through a full trial to determine which party rightly deserves the goods Thriving in practice in Canada ***more about this- p. 152 Recaption- occurs when a dispossessed owner simply takes back the goods Based on the notion that you can use reasonable force to recovery your goods Ex. you see someone stealing your bike so you go and grab it back to prevent the theft Distress damage feasant- an occupier of a land can seize a chattel that is on his land if it has caused or is causing damage Chattel can be held until compensation for loss is paid Occupier of land is not allowed to sell the chattel, only hold it- effectively converting it without being open to a tort This is a remedy Defences from trespass to land apply here- consent, necessity, and legal authority INTENTIONAL INTERFERENCE WITH ECONOMIC INTERESTS- business torts More narrow- courts don’t want to interfere with the markets and business practices Trying to achieve a balance- allow markets to work without getting involved Nature of markets- there is a winner and a loser
Goold%20(Ben)_Law_140_-_Torts_Fall_2011_Nikki_Ellis.docx