Trover
From Wikipedia, the free encyclopedia
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| Tort law I |
|---|
| Part of the common law series |
| Intentional torts |
| Assault · Battery |
| False arrest · False imprisonment |
| Intentional infliction of emotional distress |
| Property torts |
| Trespass to chattels |
| Trespass to land · Conversion |
| Detinue · Replevin · Trover |
| Dignitary and economic torts |
| Slander and libel · Invasion of privacy |
| Fraud · Tortious interference |
| Alienation of affections |
| Breach of confidence · Abuse of process |
| Malicious prosecution · Conspiracy |
| Defenses to intentional torts |
| Consent · Necessity |
| Self defense and defense of others |
| Fair comment (as to slander/libel) |
| Other areas of the common law |
| Contract law · Property law |
| Wills and trusts |
| Criminal law · Evidence |
Trover is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself (see replevin).
Trover damages are measured by the market value of the object (not its replacement cost) plus compensation for deprivation of use and compensation for other losses naturally and proximately caused by the wrongful taking. The plaintiff can also recover interest that would have been earned by the money value of the object and any expense (except attorney's fees) incurred in attempting to recover the object. If the taker sold the object for more than its market value, the plaintiff receives that higher price. If the taker has made improvements on the object (e.g., repainted it), the value of such improvements are not deducted from the plaintiff's recovery unless the taking was by mistake.
