- 20 Marks
Question
a. Explain the term Contributory Negligence.
b. Distinguish between Conversion and Detinue.
Answer
a. Contributory negligence is a defense in tort where the plaintiff’s own negligence contributed to the harm suffered, reducing or barring damages. Under common law adopted in Ghana (e.g., Donoghue v. Stevenson principles), if a customer sues a bank for negligent advice leading to loss, but the customer ignored warnings, damages are apportioned (Civil Liability Act, 1963 influences). In banking, during cyber fraud cases post-2020 BoG Cyber Directive, if a customer shares PINs, their claim against the bank for unauthorized transactions may be reduced by 50-100% based on fault. This promotes shared responsibility, as in DDEP disputes where investors’ oversight contributed to losses.
b. Distinction between Conversion and Detinue:
| Aspect | Conversion | Detinue |
|---|---|---|
| Definition | Wrongful interference with another’s chattel by dealing with it as one’s own, e.g., selling or destroying. | Wrongful detention of chattels after demand for return. |
| Nature | Act of dominion inconsistent with owner’s rights; immediate wrong. | Refusal to return on demand; continuing wrong. |
| Remedy | Damages for value at conversion time; no need for demand. | Order for specific return plus damages; requires prior demand. |
| Banking Example | Bank wrongfully pays on forged cheque, converting funds. | Bank retains customer’s securities after loan repayment demand. |
| Legal Basis | Common law tort; actionable per se. | Common law; focuses on possession right. |
In Ghanaian practice, conversion applies to cheque mishandling (Act 55), while detinue to safe custody disputes, emphasizing banks’ duty of care under Act 930.
- Tags: Contributory Negligence, Conversion, Detinue, Tort Distinctions
- Level: Level 1
- Topic: Law of Tort
- Series: APRIL 2016
- Uploader: Samuel Duah
