Detinue (/dɪˈtɪnjuː/) is a legal term that refers to the wrongful withholding of someone else's property. The word is spelled with the prefix "de-" which means "from" or "away" in Latin, and the suffix "-tinue" which comes from the Latin word "tenere" meaning "to hold". The two syllables are pronounced with equal stress, and the stress falls on the second syllable. The spelling of detinue is unique and can cause confusion for those unfamiliar with legal terminology.
Detinue is a legal term that refers to a common law action for recovery of personal property. Specifically, it is a tort action that allows an individual to seek the return of goods wrongfully withheld from them by another person.
In detinue, the plaintiff must prove that they had a lawful right to possess the property in question and that the defendant wrongfully took and detained it. The action is typically used when the defendant refuses to return the property even after a demand has been made. It should be noted that detinue only applies to cases involving personal property, not real estate or money.
To succeed in a detinue claim, the plaintiff must provide evidence to establish the value of the property and the amount of damages they have suffered as a result of the defendant's actions. The court may then award the plaintiff the value of the property, damages for any harm caused, and potentially specific performance (compelling the defendant to return the property).
Detinue has historically been used to resolve disputes over personal belongings, such as valuable items or goods held under a bailment agreement. However, modern legal systems have replaced this action with other legal remedies, such as conversion or replevin, which provide more efficient and comprehensive methods for recovering personal property.
The word "detinue" originated from the Anglo-Norman French term "detenue", which means "detention" or "detaining". It derived from the Old French verb "detenir", meaning "to detain" or "to withhold". The term entered the English language around the 14th century and has been used to describe a legal action or claim for the recovery of personal property wrongfully detained by another party.