Wrongful Taking Law and Legal Definition
Wrongful taking means the act of wrongfully taking anything without the consent of the possessor. In other words when deceit is employed by the owner of the personal property in inducing the possessor to give it to him/her, it also amount sto wrongful taking. Where a defendant rightfully comes into possession of the chattel in the first instance, but subsequently unlawfully detains it, there is a conversion, which is the equivalent of an original wrongful taking. Wherever there is a wrongful taking of the property of another, the law implies, that the owner has sustained some damage; and although there is in fact no sensible damage from the loss or injury of the property, or from an actual deprivation of its use, a plaintiff suing for the mere wrongful taking is entitled to recover some damages; which a jury may increase by way of smart money, in proportion to their estimation of the flagrancy of the fact. But in such a case, there being no injury to the property, and no loss of the thing itself or of its use, the value of the property or of its use forms no proper element of the damages to be assessed against a defendant.[ Board v. Head, 33 Ky. 489 (Ky. 1835)].
Legal Definition list
Related Legal Terms
- Actual Taking
- Civil Causes of Action - Wrongful Action
- Constitutional Taking
- Constructive Taking
- Damage in Taking by Eminent Domain
- De Facto Taking
- Declaration of Taking Act
- Deposit-Taking Activity [Banks & Banking]
- Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters
- Letter of Undertaking
