From: | Robert Stevens <robert.stevens@ucl.ac.uk> |
To: | Morgan P. <Phillip.Morgan@soton.ac.uk> |
CC: | Andrew Tettenborn <a.m.tettenborn@exeter.ac.uk> |
Robert Stevens <robert.stevens@ucl.ac.uk> | |
William Swadling <william.swadling@law.ox.ac.uk> | |
obligations@uwo.ca | |
Date: | 24/02/2010 13:10:55 UTC |
Subject: | RE: Conversion with a human face |
> Surely also as a tort of strict liability,
> the intention of the defendant is irrelevant?
It is both a tort of strict liability and a tort which requires the
claimant to show that the defendant acted intentionally with respect to
the goods. If I unintentionally, but negligently, destroy your car I do
not commit conversion. If I intentionally but blamelessly destroy your car
(eg because I reasonably thought it mine) I have converted it.
Intention to cause harm, or to commit a wrong is, of course, irrelevant.
Rob
--
Robert Stevens
Professor of Commercial Law
University College London