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词汇 Writ of detinue
分类 英语词汇 英语翻译词典
释义

Writ of detinue

英语百科

Detinue

Bracton described an early case of detinue where three pigs were unlawfully detained from a woman.
Traditionally, clothes bailed then destroyed, led to an action in trespass.  After Bracton an action in detinue applied, but not in every case.
A case from 1200 directed the verdict against a bailee who claimed chattels in his keeping were stolen during a fire at his property.
A case from 1292 debated whether an action in detinue could be brought against a widow.

In tort law, detinue is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant and second that the defendant refused to return the chattel once demanded by the claimant.

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