Commentary

107 Title claims—the legal position

BAILMENT vol 3(1)
| Commentary

107 Title claims—the legal position

| Commentary

107 Title claims—the legal position

A claimant who seeks to recover a work of art that is currently on loan to a borrower in England and Wales will almost certainly sue for the tort of conversion1. He may argue that the act of conversion consisted in the borrower’s original reception of the work on loan, but that alone may not suffice to constitute the tort, given recent judicial recognition that mere possession of another’s chattel without consent does not amount to conversion2. It is more likely that the claimant will first demand the delivery up of the object from the

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