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Bailment- fixed term conversion

Discussion in 'Australian Law Students Forum' started by Lawstudent103, 22 April 2017.

  1. Lawstudent103

    Lawstudent103 Member

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    Please help me so I have a problem.
    There has been a bailment for a fixed term. Thus, the plaintiff has a right to future possession. However before the term of the bailment was completed the item was given away.
    In order to be successful for a claim in conversion the plaintiff must have been in possession at the time of the original unauthorised act, or have had a right to immediate possession. As the term of the bailment has now ended the plaintiff has a right to immediate possession but at the time he didn't. Does conversion apply here or does there have to be a right to immediate possession at the time of the unauthorised act?
     
  2. Rod

    Rod Well-Known Member

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    This statement is wrong by being incomplete and is probably why you are confused. See KUWAIT AIRWAYS CORPORATION V IRAQI AIRWAYS COMPANY AND OTHERS (NOS 4 AND 5): HL 16 MAY 2002 at [39].

    Look closer at the rights of the owner.

    Also note that it is a tort of strict liability.
     
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