ABSTRACT
In order to bring an action in trespass to goods, a plaintiff must establish they have title to sue. This means that a plaintiff must show they have a relationship with the goods which falls into one of the following categories: (a) ownership or title to goods; (b) actual possession of the goods; or (c) constructive possession of the goods. To take a wrist-watch as an example of each of the above: (a) you may own your watch and thereby have title to it; (b) you may be wearing your watch and thereby have actual possession of
it; or (c) you may give your watch to another person on the understanding that
they will give it back after a certain time period or when you ask for it. Goods may therefore be owned or possessed. So, goods may be owned by one person and possessed by another. Trespass protects persons who own or possess goods from being interfered with by others.
