- Exclusive use

- Personal property
- Tort law is not a public law it’s a private law
- Examples of personal property : a car ,bike, movable propertry : laptop,books,etc

- Property
- Good or animals
- Cheque, a bill of exchange , a debenture note or a share of cerficate
- Trespass to personal property is close to the offence of stealing
- Criminal and torts : procedure is different , punishment

- Land – person but protects personal property

- Wrongful and direct interference of good that are in possession of another
- Includes : using , removing , touching or destroying another’s good
- Wheel claimping : car’s will be CAR WILL CLAMPED , however when you park there if
there’s a signboard *consired* not trespass because been acknowledge earlier in the
form of signboard
- Actionable perse
- Who can sue ? A person with franchise : something to do with business
- ELEMENT
 Mental state of the defendant
Must prove that defendant had intended to deal with the goods (niat)
# National Coal Board v Evans
# Wilson v Lombank

 Inteference
Direct act ( indirect only under Wilkinson v downton) and Contact
Physical interference & voluntarily done by defendant
# Kirk v Gregory (1876)
# Haji Awalludin bin Anidin v Majlis Perbandaran Kuantan (1996)
- An act of denying the plaintiff’s right to immediate use n possession
- Taking over another’s property
- Exercising ownership right over it
- The plaintiff can only claim the value , you cannot claim the property it will be
transferred to the defendant . (if you want that property back who don’t bring the case
under conversion)
- Detaining goods belonging to the plaintiff w/o permission
- Destruction of P’s goods
- Selling goods w/o P’s permission.
ELEMENTS
 Mental state of defendant
- Delibarate (mmg ada niat) and intentional act
- Voluntary act
- Exclude P’s from use of passion of good ( halang P drpd guna barangnya)
- No knowledge that goods belong to anther in no excuse ( a jual kpd b which is P’s belonging , P’s
sue b so b cannot tell that she’s not aware )
Asbhy v Tolhurst(1937)
Lewis Trust v Bambers Stores (1983)
 Inteference
- Unlawfully taking possession of another’s property & converting into his own use
- Exp : D took the book and changed the cover n kept it
- D borrow P’s book promising to return soon but continus to keep it and underlines …. And
refuses to return the plaintiff – abusing possession.
- If a person receives good voluntarily when in the fact the goods belongs to 3rd party ( not in
constent) the party who receives them maybe liable in conversion
# Ingram v Little (1961)
# Moris v CW Martin & Sons Ltd (1966)
# Sykt Jnegka Sdn Bhd v Abdul Rashid Harun ( 1981)
- Involuntary Receiption of Goods
# Lethbridge v Phillips (1819)
# Howard v Harris (1884)
# Hollins v Fowler (1975)
Remedies For Conversion
- Damages n compensation
- Plaintiff can have the goods to be restored plus the damages

- ‘ detenue’ = to hold back

- Unlawful retentation of someone’s else goods
- Wrongful retention of plaintiff’s good or refusal to return goods to the plaintiff who has the
right of immediate possession , and the plaintiff wants the good to be returned
Elements
 DEMAND & REFUSAL
- The D must continue to keep the property even after the P demanded for its return
- Meaning : Pf must have demanded to return for the goods
Df must have refused to return the goods
#Nambiar v Chin Kim Fong (1963)
# Abdul Mutalib bin Hassan v Maimoon Haji Abdul Wahid (1992)
 Plaintiff has the Immediate righto possession