From: Jason Neyers <jneyers@uwo.ca>
To: obligations@uwo.ca
Date: 29/06/2011 11:56:26 UTC
Subject: ODG: Conversion and Leasing

On behalf of Sarah Green:
 
Both C and D are liable in Conversion. This is reasonably similar to both Indian Herbs (UK) Ltd v Hadley Ottoway Ltd and ors [1999] EWCA Civ 627 and Jarvis v Williams [1955] 1 WLR 71 (CA), although in the latter case there was no liability since the necessary right to possession was lacking. On the facts you have given, the immediate right to possession would revest in A on abandonment, whether or not A knew.
(See also Union Transport Finance Ltd v British Car Auctions Ltd [1978] 2 All ER 385 (CA), Manders v Williams (1849) 4 Ex 339 and Donald v Suckling (1866) LR 1 QB 585.)
There would be no ius tertii if the terms of the agreement between A and B dictated that B's possession was to cease on abandonment/cessation of payment.
Best wishes,
Sarah
Sarah Green
Fellow in Law
St Hilda's College
Oxford
OX4 1DY 
 
--
Jason Neyers
Associate Professor of Law
Faculty of Law
University of Western Ontario
N6A 3K7
(519) 661-2111 x. 88435