Legal Definitions - chose

In legal terms, a chose refers generally to a "thing" or an "item of property." This broad category is typically divided into two main types: a chose in action and a chose in possession, which distinguish between property that can be physically held and property that represents a right to something.

Chose in Action

A chose in action describes a legal right to something that cannot be physically possessed or touched. Instead, it is an intangible asset or a claim that can only be recovered or enforced through a legal lawsuit or other formal legal process. You own the right to the thing, but not the thing itself until that right is exercised or enforced.

• Example 1: Royalties from a Book

  An author signs a contract with a publisher, granting them the right to publish their novel. In return, the author receives a percentage of sales as royalties. The author's right to receive these future royalty payments is a chose in action. They don't physically possess the money until it's paid, but they have a legal right to claim it based on the contract if the publisher fails to pay.

• Example 2: An Unpaid Invoice for Services Rendered

  A freelance graphic designer completes a logo design for a client and sends an invoice for their services. The client acknowledges receipt but fails to pay. The graphic designer's right to receive payment for their work is a chose in action. They cannot physically seize the money; they must pursue legal action (like sending a demand letter or filing a lawsuit) to enforce their right to be paid.

• Example 3: A Lottery Winnings Claim

  Someone purchases a winning lottery ticket. Before they cash it in, their right to claim the prize money from the lottery corporation is a chose in action. They possess the ticket (a piece of paper), but the substantial prize money itself is an intangible right that must be claimed through the proper channels and cannot be physically possessed until the claim is processed and the funds are transferred.

Chose in Possession

A chose in possession refers to tangible personal property that an individual both owns and physically possesses. This type of property can be seen, touched, and held.

• Example 1: Your Personal Laptop

  The laptop you are currently using, which you purchased and keep in your home, is a chose in possession. You have both legal ownership (title) and physical control (possession) of the item.

• Example 2: A Bicycle You Ride

  A bicycle that you own and keep in your garage, which you regularly use for commuting or recreation, is a chose in possession. You have direct physical control over it and are its rightful owner.