Legal Definitions - contrectatae

In Scots law, contrectatae refers to items or property that have been improperly handled, used without authorization, or tampered with by an individual. This concept often arises in situations where there has been a misuse of property or an interference with someone else's possessions, even if the items are not permanently removed or damaged.

Here are some examples to illustrate this concept:

• Example 1: Unauthorized Use of Equipment

  A contractor leaves a valuable piece of machinery, like a specialized excavator, secured on a construction site overnight. An unauthorized individual gains access to the site, starts the excavator, and uses it to dig a trench for their own personal project on an adjacent property, returning it before dawn. Even if the excavator is returned undamaged and with a full tank of fuel, the machinery has been contrectatae because it was improperly used and tampered with without the owner's permission.

• Example 2: Meddling with Personal Belongings

  While a homeowner is away, a neighbor, without permission, enters their house to "borrow" some cooking ingredients. While inside, the neighbor also opens drawers, looks through personal papers, and rearranges items in a bedroom, though nothing is taken. The homeowner's personal papers and bedroom items have been contrectatae because they were improperly handled and interfered with by someone without authority.

• Example 3: Interference with Stored Goods

  A warehouse stores various clients' goods in separate, marked sections. An employee, without proper authorization, accesses a client's section, opens several sealed boxes of electronics, examines their contents, and then reseals them, leaving no outward sign of tampering. Even though the electronics were not stolen or damaged, the client's goods have been contrectatae because they were improperly accessed and tampered with by an unauthorized person.