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PRINCIPLE: Interference with another's goods in such a way as to deny the latter's title to the goods amounts to conversion, and thus it is a civil wrong. It is an act intentionally done inconsistent with the owner's right, though the doer may not know of, or intend to challenge, the property or possession of the true owner.
FACTS: 'R' went to a cycle-stand to park his bicycle. Seeing the stand fully occupied, he removed a few bicycles in order to rearrange a portion of the stand and make some space for his bicycle. He parked properly, and put back all the bicycles except the one belonging to 'S'. In fact, 'R' was in hurry, and therefore, he could not put back S's bicycle. Somebody came on the way and took away S's bicycle. The watchman of the stand did not take care of it assuming that the bicycle was not parked inside the stand. 'S' filed a suit against 'R' for conversion.
Which of the following derivations is CORRECT?

A
'R' could not be held liable for the negligence of the watchman.
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B
'S' would succeed because R's act led to the stealing of his bicycle.
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C
'S' would not succeed because 'R' did not take away the bicycle himself.
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D
'W' would not succeed because R's intention was not bad.
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Solution

The correct option is B 'S' would succeed because R's act led to the stealing of his bicycle.
  • The tort of conversion has been defined in the case of Stevenson v Economy Bank of Ambridge as interference into a person's right to property without the owner's consent and without any lawful justification. In another case of Baram v Farugia one of the grounds for conversion is intentionally dispossessing the owner of lawful possession of his chattel.
  • It was further established in the case of Taylor v Forte Hotels Int'l that since conversion is an intentional tort, claims of mistake, good faith cannot act as valid defenses against it. R removed other cycles intentionally for placing his bicycle, therefore, intention of conversion is established.

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Today, bicycles are elegantly simple machines that are common around the world. Many people ride bicycles for recreation, whereas others use them as a means of transportation. The first bicycle, called a draisienne, was invented in Germany in 1818 by Baron Karl de Drais de Sauerbrun. Because it was made of wood, the draisienne wasn’t very durable nor did it have pedals. Riders moved it by pushing their feet against the ground. In 1839, Kirkpatrick Macmillan, a Scottish blacksmith, invented a much better bicycle. Macmillan’s machine had tires with iron rims to keep them from getting worn down. He also used foot-operated cranks, similar to pedals, so his bicycle could be ridden at a quick pace. It didn’t look much like the modern bicycle, though, because its back wheel was substantially larger than its front wheel. Although Macmillan’s bicycles could be ridden easily, they were never produced in large numbers. In 1861, Frenchman Pierre Michaux and his brother Ernest invented a bicycle with an improved crank mechanism. They called their bicycle a velocipede, but most people called it a “bone shaker” because of the jarring effect of the wood and iron frame. Despite the unflattering nickname, the velocipede was a hit. After a few years, the Michaux family was making hundreds of the machines annually, mostly for fun-seeking young people. Ten years later, James Starley, an English inventor, made several innovations that revolutionized bicycle design. He made the front wheel many times larger than the back wheel, put a gear on the pedals to make the bicycle more efficient, and lightened the wheels by using wire spokes. Although this bicycle was much lighter and less tiring to ride, it was still clumsy, extremely top heavy, and ridden mostly for entertainment. It wasn’t until 1874 that the first truly modern bicycle appeared on the scene. Invented by another Englishman, H.J. Lawson, the safety bicycle would look familiar to today’s cyclists. The safety bicycle had equal-sized wheels, which made it much less prone to toppling over. Lawson also attached a chain to the pedals to drive the rear wheel. By 1893, the safety bicycle had been further improved with air-filled rubber tires, a diamond shaped frame, and easy braking. With the improvements provided by Lawson, bicycles became extremely popular and useful for transportation. Today, they are built, used, and enjoyed all over the world.
Q4. This passage was most likely written in order to
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