From: Robert Stevens <robert.stevens@ucl.ac.uk>
To: Jason Neyers <jneyers@uwo.ca>
CC: obligations@uwo.ca
Gregory Tolhurst <greg.tolhurst@sydney.edu.au>
Date: 29/06/2011 11:31:27 UTC
Subject: Re: ODG: Conversion and Leasing





> I post on behalf of Greg Tolhurst:
> Assume A hires goods to B to be used in B’s business run from premises
> leased from C.
> The contract of hire states that if B fails to pay A on time, or gives up
> possession of A’s goods, then A may terminate and retake possession.
> B goes broke and leaves C’s premises with A’s goods there.
> Before A finds out, C leases the premises with A’s goods intact, to D.
> Questions:
> (a) Is C liable in conversion?

Without more, I do not see how C has committed conversion. C has simply
leased premises which happen to have A's goods upon them. He has not by
doing so denied A possession of the goods. If someone leaves their
umbrella in my hallway I don't thereby commit conversion, and I won't do
so even if I sell my house.

A has, I think, a licence to go on to the premises to retake his goods,
and that licence is good against C and D.
Robert