ABSTRACT

This chapter considers the misuse of chattels can take one of two forms. The chattel may be wrongfully damaged or destroyed, or the person entitled to its use may be wrongfully deprived of it. In The Wear Breeze and The Aliakmon, both damage and breach of duty occurred before property passed to the plaintiffs, but it is possible for damage to occur on an ongoing basis, as a result of a single prior breach, in which case the breach, but not the damage, may occur prior to the passing of property. Only damage can be recovered, however, and even the owner of a chattel cannot recover from its manufacturer in respects of defects which reduce its value. Though the hirer of a chattel, or the time charterer of a ship, has no cause of action in negligence or conversion, his or her contract with the owner of the chattel is accorded limited protection by the economic torts.