Recapture of Chattels

Pronunciation: ree-KAP-cher of CHAT-ulz

Torts › Intent Tort Defenses

Definition

Limited privilege to use reasonable force to recapture personal property wrongfully taken. Requirements: (1) timely pursuit (fresh pursuit), (2) proper possession initially, (3) reasonable force only, (4) no deadly force. Delay destroys privilege - must resort to legal process. Shopkeeper's privilege is specialized application.

Related terms

• Conversion — Intentional exercise of dominion or control over plaintiff's personal property that so seriously interferes with plaintiff's right of…
• Trespass to Chattels — Intentional interference with plaintiff's possessory interest in personal property causing harm. Less serious than conversion. Requires: (1) intent…
• Shopkeeper's Privilege — Limited privilege allowing merchants to detain suspected shoplifters for reasonable investigation. Must have reasonable suspicion of theft, detain…

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