Detinue allows for a remedy of damages for the value of the chattel, but unlike most other interference torts, detinue also allows for the recovery of the specific chattel being withheld.
32.
Detinue allows for a remedy of damages for the value of the chattel, but unlike most other interference torts, detinue also allows for the recovery of the specific chattel being withheld.
33.
By the end of Bracton s life and into the reign of Edward I, debt was confined to contract law, while detinue was concerned with the developing issues of personal property.
34.
In the reign of Edward IV of England, the question arose whether a charter relating to land could be recovered by detinue in view of the fact that it had no value.
35.
Actions of this kind were common in the manorial courts, but an obscure note in a Year Book suggests that in 1294 detinue could be brought against a finder of a chattel.
36.
Interpleader is a civil procedure developed under equity jurisprudence, though originally it was derived the interpleader form of action at law, which only applied to bailees subject to multiple actions of detinue.
37.
The early writ of detinue was specifically designed for recovery of a chattel wrongfully detained, but not an action to recover loss due to a chattel being harmed while the defendant had it.
38.
Detinue differs from replevin in that possession of the chattel in controversy is not changed until after the judgment in detinue, whereas in replevin possession is changed at the beginning of the proceeding.
39.
Detinue differs from replevin in that possession of the chattel in controversy is not changed until after the judgment in detinue, whereas in replevin possession is changed at the beginning of the proceeding.
40.
Eventually it became even more fictitious; if A wished to sue B merely for debt and detinue, a trespass writ would be obtained and then quietly dismissed when B was detained in custody.
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