These sets of tort above are
generally referred to interference tort. This is because they seek to protect
interest and possessory right in
property (chattel). These torts were traditional governed by common law principles
which recognized a number of actions in tort for injury. The tort of conversion
trespass to chattel and detinue has undergone significant change under the new
act called “Tort (Interference with Goods) Act 1977, 1997 chapter 32.
This is an act to amend the law concerning conversion
and other tort affecting goods. This is a product of law reform committee. The
committee recommended that various torts relating to
intentional interference
with goods should be replaced by a single tort of wrongful interference with
chattels
Moreover, in section 2(1) of Tort (interference with
Goods Act, 1977, the new Act abolished detinue and introduced the term “Wrongful Interference with Goods” to include
conversion of goods, trespass to goods, negligence or any other tort resulting
in damages to good or to an interest in goods as regards to section 2 of the
Act. In the Act, wrongful interference with goods means conversion of goods
also called trover, trespass to goods, and negligence so far as it results in
damage to goods or to an interest in goods. So detinue has been abolished and
replaced with conversion of goods. Detinue is now obsolete under the new Act.
REFERENCE
1 Ashby V
Tolhurst (1937) 2K B 242
2 Joule Ltd V
Poole (1924) 24 5 R (NSW) 387 432
3 Fonldes v
willonghby( 1841) 151 e.r 1153
4 (1975) 2
G.L.R 432
5 (1956) 14 W.A.C.A 70