Legal Definitions - claim and delivery

Claim and Delivery is a legal procedure that allows a person to recover specific personal property that has been wrongfully taken from them or is being wrongfully held by another party. This action not only seeks the return of the actual item but can also include a request for financial compensation for any losses or harm caused by the property's absence or detention. Essentially, it's a legal way to get your physical belongings back when someone else has them unlawfully.

Here are a few examples to illustrate how claim and delivery works:

• Example 1: A Withheld Vehicle
  Imagine you lend your vintage motorcycle to a friend for a weekend, but after the weekend passes, your friend refuses to return it, despite your repeated requests. You need your motorcycle back, and its absence is causing you inconvenience and potential costs (e.g., needing to rent alternative transportation). You could initiate a claim and delivery action to compel your friend to return the specific motorcycle to you. You might also seek damages for the cost of renting a scooter or car during the period your motorcycle was wrongfully withheld.

  This illustrates claim and delivery because you are seeking the return of a specific piece of personal property (the motorcycle) that is being wrongfully detained, and you may also seek compensation for the inconvenience caused by its absence.

• Example 2: Unreturned Business Equipment
  A small photography studio leases a high-end, specialized camera and lighting kit to a freelance photographer for a specific project. Once the project is complete, the freelancer fails to return the equipment, which is crucial for the studio's upcoming client shoots. The studio owner could file a claim and deliverylawsuit to recover the specific camera and lighting kit. They might also claim damages for lost income from cancelled or delayed shoots due to not having their essential equipment.

  This demonstrates claim and delivery as the studio is seeking the physical return of specific business assets (the camera and lighting kit) that are being wrongfully retained, along with potential financial losses incurred due to the equipment's unavailability.

• Example 3: A Family Heirloom
  After a family dispute, your cousin takes a valuable antique watch that has been a family heirloom for generations, claiming it now belongs to them. The watch has significant sentimental and monetary value to you, and you want it back. You could pursue a claim and delivery action to legally force your cousin to return the specific antique watch. While the primary goal is the watch's return, you might also seek damages if its wrongful detention caused you specific financial harm, such as missing an opportunity to have it appraised or insured properly.

  Here, claim and delivery is used to recover a specific, unique piece of personal property (the antique watch) that was wrongfully taken, highlighting the focus on getting the actual item back rather than just monetary compensation for its value.