8. Liability of person in possession, not as owner, to deliver to persons entitled to immediate
possession.—Any person having the possession or control of a particular article of movable property, of
which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate
possession, in any of the following cases:—
(a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff;
(b) when compensation in money would not afford the plaintiff adequate relief for the loss of the
thing claimed;
(c) when it would be extremely difficult to ascertain the actual damage caused by its loss;
(d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff.
Explanation.—Unless and until the contrary is proved, the court shall, in respect of any article of
movable property claimed under clause (b) or clause (c) of this section, presume—
(a) that compensation in money would not afford the plaintiff adequate relief for the loss of the
thing claimed, or, as the case may be;
(b) that it would be extremely difficult to ascertain the actual damage caused by its loss.
CHAPTER II
SPECIFIC PERFORMANCE OF CONTRACTS
| Clause | Statutory requirement | Finin2min meaning | Evidence/control |
|---|
| Main rule | 8. Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.—Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases:— | Test this main limb within the title, property and risk framework. Operational focus: 8. liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.—any person. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (a) | when the thing claimed is held by the defendant as the agent or trustee of the plaintiff | Test this (a) within the title, property and risk framework. Operational focus: when the thing claimed is held by the defendant as the agent or trustee of the plaintiff. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (b) | when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed | Test this (b) within the title, property and risk framework. Operational focus: when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (c) | when it would be extremely difficult to ascertain the actual damage caused by its loss | Test this (c) within the title, property and risk framework. Operational focus: when it would be extremely difficult to ascertain the actual damage caused by its loss. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (d) | when the possession of the thing claimed has been wrongfully transferred from the plaintiff. Explanation.—Unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under clause | Test this (d) within the title, property and risk framework. Operational focus: when the possession of the thing claimed has been wrongfully transferred from the plaintiff. explanation.—unless and until the. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (b) | or clause | Test this (b) within the title, property and risk framework. Operational focus: or clause. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (c) | of this section, presume— | Test this (c) within the title, property and risk framework. Operational focus: of this section, presume—. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (a) | that compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed, or, as the case may be | Test this (a) within the title, property and risk framework. Operational focus: that compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
| (b) | that it would be extremely difficult to ascertain the actual damage caused by its loss. CHAPTER II SPECIFIC PERFORMANCE OF CONTRACTS | Test this (b) within the title, property and risk framework. Operational focus: that it would be extremely difficult to ascertain the actual damage caused by its loss. chapter ii specific. | Contract/deed, authority, chronology, notices, performance and payment records tied to this limb. |
Section 8 is a title, property and risk provision dealing with liability of person in possession, not as owner, to deliver to persons entitled to immediate possession. specific performance of contracts. Identify the actor, trigger, cumulative or alternative conditions, provisos, exceptions and legal consequence before reaching a conclusion.
Implementation control: Prepare a title-risk timeline covering identification, appropriation, notice, delivery, documents of title, reservation of disposal and good-faith third-party rights.
