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Paralegal Exam Prep

Category - Torts

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Clara took her dress to Corky's Dry Cleaners to have alterations made. Clara paid for the alterations in advance. Clara was unable to pick up the dress from Corky's, so she asked Carmen to pick it up. When Clara asked Carmen to give her the dress, Carmen refused, claiming that the dress now belonged to her. To recover the dress, on what tort principle could Clara base her lawsuit against Carmen?

Self-defense
Defense of property
Detinue
Trespass
Conversion

Explanation

Answer: C. To recover the dress, Clara could base her lawsuit against Carmen on the tort principle of detinue. Detinue is the refusal to return a person's property. Replevin is the legal action to recover property that is unlawfully held by another.

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