| 单词 | Title to sue |
| 释义 | 起訴權 The legal right to a cause of action. A plaintiff generally has title to sue for trespass to land, trespass to goods, or conversion if he or she was in possession of the goods or land at the time the interference was committed, because these torts are concerned with possession rather than ownership. In tort, the title to sue and the recovery of substantial damages are concurrent and it is the proprietary or possessory interest that is being compensated, not some other or different economic loss: Obestain Inc v National Mineral Development Corp Ltd, The Sanix Ace [1987] 1 Lloyd’s Rep 465. Trespass is an injury to a possessory right, and therefore the proper plaintiff in an action of trespass to land is the person who was, or who is deemed to have been, in possession at the time of the trespass: Lam Wing Ching v Chow Kum Wing [1985] 1 HKC 189 (CA). To recover damages for negligence in respect of loss of or damage to goods, a claimant must show that he had either the legal ownership of the goods or a possessory title to them at the time of the loss or damage: Leigh and Sillavan Ltd v Aliakmon Shipping Co Ltd, The Aliakmon [1986] AC 785, 2 All ER 145 (HL). Title to sue in conversion depends on the claimant’s showing either the possession of goods or an immediate right to their possession: International Factors Ltd v Rodriguez [1979] QB 351, 1 All ER 17 (CA). See also Cause of action; Conversion; Exclusive possession; Trespass. |
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