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Simple English definitions for legal terms
writ of detinue
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A quick definition of writ of detinue:
A writ of detinue is a legal document used to recover personal property that has been wrongfully taken by someone else. It is a type of lawsuit that allows a person who has the right to possess certain goods to sue someone who is currently in possession of those goods but refuses to return them. The purpose of the writ is to obtain the specific restitution of the property, rather than just damages for its loss. This type of lawsuit is used when the defendant does not claim ownership of the property and has not committed trespass. In the past, there were also specific types of detinue writs, such as detinue of goods in frankmarriage, which allowed a divorced wife to obtain goods given to her during the marriage, and detinue sur bailment, which was used to recover property that was acquired through bailment but not returned.
A more thorough explanation:
A writ of detinue is a legal action used to recover personal property that has been wrongfully taken by another person. It is a common-law action that allows the plaintiff to sue for the specific restitution of their chattels, rather than just damages for their conversion.
For example, if someone takes your car without your permission and refuses to return it, you can file a writ of detinue to get your car back. This is different from filing a lawsuit for damages, which would only compensate you for the value of the car, not the car itself.
Detinue can also be used when the defendant has no claim of ownership and has not committed trespass. For instance, if you lend your friend a book and they refuse to give it back, you can file a writ of detinue to recover the book.
Overall, a writ of detinue is a legal tool that allows individuals to recover their personal property when it has been wrongfully taken by another person.