Legal Definitions - damages for detention

Damages for detention refers to the monetary compensation awarded to a party for the financial losses they suffer due to the wrongful or unreasonable withholding of their property by another party. This compensation aims to cover the harm caused by being deprived of the use of that property for a period, such as lost income, rental costs for replacement property, or other direct expenses incurred as a result of the detention. It typically applies when there isn't a specific contractual agreement (like demurrage) dictating charges for such delays, but rather when the detention itself constitutes a breach of duty or a tort (a civil wrong).

• Example 1: Construction Equipment Delay

  A construction company sends a specialized excavator to a repair shop for routine maintenance. The repair shop, due to unforeseen internal issues and negligence, holds onto the excavator for six weeks longer than the initially agreed-upon repair time. As a result, the construction company is forced to rent an identical excavator at a significant daily rate to avoid delaying a critical project.

  In this scenario, the construction company could seek damages for detention from the repair shop. These damages would primarily cover the substantial rental costs incurred for the replacement excavator during the six weeks their own equipment was unreasonably withheld, as they were deprived of the use of their property.

• Example 2: Impounded Vehicle

  After a minor traffic accident, a driver's car is towed and impounded by a private towing company. The driver is quickly cleared of any fault by the police, and the insurance company authorizes the release. However, the towing company, citing administrative delays and a lack of available staff, refuses to release the vehicle for an additional ten days, forcing the driver to pay for expensive ride-sharing services and a rental car for commuting to work.

  The driver could claim damages for detention against the towing company. The compensation would cover the costs of alternative transportation (ride-sharing and rental car) and any other direct expenses incurred during the ten days their car was unreasonably withheld, as they were deprived of the use of their personal property without justification.

• Example 3: Withheld Personal Belongings

  Following the end of a lease, a tenant moves out of an apartment, but accidentally leaves behind a few boxes of personal items, including important documents and sentimental photographs. Despite repeated attempts by the tenant to arrange a pickup, the landlord wrongfully refuses to allow access to the apartment for three weeks, claiming they are too busy. During this time, the tenant misses an important deadline due to the inaccessible documents and experiences significant emotional distress.

  The tenant could seek damages for detention from the landlord. These damages would compensate the tenant for the financial losses suffered due to being deprived of their belongings, such as any penalties incurred from missed deadlines directly attributable to the inaccessible documents, and potentially compensation for the emotional distress caused by the landlord's unreasonable withholding of their property.