Detinue - Definition - Law Dictionary Home Dictionary Definition detinue

Definition :

Detinue, an action by a plaintiff who seeks to recover the goods in specie, or on failure thereof the value and also damages for the detention. The grounds of the action are: (1) a property in the plaintiff, either absolute or special (at the time of action brought) in personal goods, which are capable of being ascertained; (2) a possession in the defendant by bailment, finding, etc.; (3) an unjust detention on the part of the defendant.

The form of action of detinue was abolished by the Judicature Acts, but an action brought for the return of a specific chattel is still called an action of detinue. The vexed question as to whether detinue is or was founded on tort or contract is now only of importance in relation to costs, Bryant v. Herbert, (1878) 3 CPD 389] and in bankruptcy.

As to the actual recovery of a chattel detained, see R. S.C. 1883, O. XLVIII., taken from (English) C.L.P. Act, 1852, s. 78, by which a writ of delivery may be issued ordering the sheriff to distrain upon the defendant's goods till he delivers the chattel; and as to specific delivery of goods sold, see Sale of Goods Act, 1893, s. 52, re-enacting the repealed s. 2 of the Mercantile Law Amendment Act, 1856.

An action of detinue must be brought within six years (English) [Limitation Act, 1623 (21 Jac. 1, c. 16, s. 3)], but time will only begin to run from the date of the demand, Miller v. Dell, (1891) 1 QB 468.