Chose In Action: Difference between revisions
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[[Category:Legal Principles]] | [[Category:Legal Principles]] | ||
==Chose in Action<ref="Chose in Action"/>== | ==Chose in Action<ref name="Chose in Action"/>== | ||
Personal rights of property which can only be claimed or enforced by action and not by taking physical possession (as distinct from choses in possession, things capable of physical possession). Divided into legal and equitable choses in action, depending on whether they can be recovered or enforced by action at law (such as debts, insurance, claims of shares in a corporation) or, formerly, only by a suit in equity (such as an interest under a trust). | Personal rights of property which can only be claimed or enforced by action and not by taking physical possession (as distinct from choses in possession, things capable of physical possession). Divided into legal and equitable choses in action, depending on whether they can be recovered or enforced by action at law (such as debts, insurance, claims of shares in a corporation) or, formerly, only by a suit in equity (such as an interest under a trust). | ||
<ref name="Chose in Action">Practical Law, Thomson Reuters, https://ca.practicallaw.thomsonreuters.com/0-621-0054, retrieved August 16, 2021</ref> | <ref name="Chose in Action">Practical Law, Thomson Reuters, https://ca.practicallaw.thomsonreuters.com/0-621-0054, retrieved August 16, 2021</ref> | ||
==Luckevich v. Ivany, 2018 ONCA 144 (CanLII)<ref name="Luckevich"/>== | |||
[13] “[T]hings in action” has the same meaning as a “chose in action”. A chose in action is defined in Black's Law Dictionary, 10th ed, as: | |||
1. A proprietary right in personam, such as a debt owed by another person, a share in a joint-stock company, or a claim for damages in tort; | |||
2. The right to bring an action to recover a debt, money, or thing; | |||
<ref name="Luckevich">Luckevich v. Ivany, 2018 ONCA 144 (CanLII), <https://canlii.ca/t/hqdc6>, retrieved on 2021-08-16</ref> | |||
==References== | ==References== | ||
Latest revision as of 21:10, 16 August 2021
Chose in Action[1]
Personal rights of property which can only be claimed or enforced by action and not by taking physical possession (as distinct from choses in possession, things capable of physical possession). Divided into legal and equitable choses in action, depending on whether they can be recovered or enforced by action at law (such as debts, insurance, claims of shares in a corporation) or, formerly, only by a suit in equity (such as an interest under a trust).
Luckevich v. Ivany, 2018 ONCA 144 (CanLII)[2]
[13] “[T]hings in action” has the same meaning as a “chose in action”. A chose in action is defined in Black's Law Dictionary, 10th ed, as:
1. A proprietary right in personam, such as a debt owed by another person, a share in a joint-stock company, or a claim for damages in tort;
2. The right to bring an action to recover a debt, money, or thing;
References
- ↑ 1.0 1.1 Practical Law, Thomson Reuters, https://ca.practicallaw.thomsonreuters.com/0-621-0054, retrieved August 16, 2021
- ↑ 2.0 2.1 Luckevich v. Ivany, 2018 ONCA 144 (CanLII), <https://canlii.ca/t/hqdc6>, retrieved on 2021-08-16
