What Is Detinue?

Detinue is a legal action for the recovery of personal property wrongfully taken or retained by another party. It allows the plaintiff to recover the specific property or its value, along with any damages caused by its wrongful detention.

Detinue Explained

Detinue involves the unlawful retention of personal property by someone who initially had lawful possession but refuses to return it upon demand. This common law action is concerned with the right to possess the specific property, distinguishing it from actions purely for monetary damages.

Key Characteristics of Detinue:

Unlawful Detention: The property is wrongfully retained by someone who initially had lawful possession.

Specific Property: Focuses on the recovery of the specific item, not just its monetary value.

Demand for Return: Requires that the owner demands the return of the property before initiating the action.

Remedies: Includes the return of the property or its value, plus damages for wrongful detention.

Examples:

- A person borrows a valuable item, such as a piece of jewelry, and refuses to return it despite repeated requests.

- An employee retains company equipment after termination and does not return it upon demand.

The Term Detinue in Different Legal Contexts

United States: In the United States, detinue has largely been replaced by statutory remedies, such as replevin or conversion. Replevin allows for the recovery of specific personal property wrongfully taken or withheld, while conversion addresses the wrongful exercise of control over another's property, often leading to monetary compensation. Despite this shift, detinue principles still inform modern property law and remedies.

United Kingdom: In the UK, detinue was historically a common law action but has been largely superseded by the Torts (Interference with Goods) Act 1977. This Act consolidates various remedies for wrongful interference with goods, including detinue, replevin, and conversion, providing a unified approach to the recovery of personal property and compensation for wrongful detention.

Australia: Australian law retains elements of detinue within its broader framework for property recovery and torts. While detinue is recognized, actions for the recovery of personal property often proceed under the more commonly used tort of conversion or statutory remedies. Australian courts focus on the wrongful detention and the right to possession when determining appropriate remedies.

Common Misconceptions About the Meaning of Detinue

A common misconception is that detinue applies to real property (land and buildings). Detinue specifically pertains to personal property, not real estate. Actions for the recovery or possession of real property are handled under different legal doctrines and statutes.

Another misconception is that detinue and theft are identical. While both involve wrongful possession, detinue deals with the wrongful retention of property by someone who initially had lawful possession, whereas theft involves the unlawful taking of property with intent to permanently deprive the owner.

There is also a misconception that detinue always results in the physical return of the property. In reality, if the property cannot be returned (e.g., it has been destroyed or significantly altered), the court may award the plaintiff the monetary value of the property along with damages for its wrongful detention.

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What Is Detinue?

Detinue Explained

The Term Detinue in Different Legal Contexts

Common Misconceptions About the Meaning of Detinue

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