Revoking permission to use property

alexlyons

Hi all, very hypothetical question that popped into my head in work (work with boats).

If I gave someone permission to use something of mine, or something that I had authority over with regards to issuing permission, if I revoke that permission with the person still using it, does that mean that they are breaking any law? Maybe theft, trespassing etc?

Example, if I leant someone my car, or my phone for example, and while they had it said you are no longer allowed use this, and they refuse to give it back when it its safe to do so (eg doing 120kph on motorway isnt a safe time to suddenly stop) are they breaking the law?

The way this cropped up is people come into a club I work in to use boats, they are licensed and have permission etc, but I must hand it over and they aren't allowed take it without me doing so. I am the only one there at the time who has authority over the boats.

So, are they breaking any law if I tell them, bring the boat back and stop using it?

Tom Young

Yes: Trespass to your chattels, once your consent has been clearly wirhdrawn and notified to them. Once they fail or refuse to surrender same on demand a couple of old Economic torts might arise, such as Detinue, Conversion, Trespass simpliciter and maybe deceit.

alexlyons

good to know, thanks

coylemj

Special factors involving cars: In the case of cars on lease, not returning the car at the end of a lease involves the leasee using the car without the permission of the owner which has the effect of invalidating the insurance and the driver can be arrested under S.112 of the RTA.