Chose (French for "thing"), a term used in English law inghjgjgjgg202.144.45.188 11:47, 12 October 2006 (UTC)jghgjggghjghjhj--202.144.45.188 11:47, 12 October 2006 (UTC)jhgjgh different senses. Chose local is a thing annexed to a place, as a mill. A chose transitory is that which is movable, and can be carried from place to place. But the use of the word "chose" in these senses is practically obsolete, and it is now used only in the phrases chose in action and chose in possession. English law is a formal term of art that describes the law for the time being in force in England and Wales. ...

Chose in action

A chose in action is an intangible personal property right recognised and protected by the law, which has no existence apart from the recognition given by the law, or which confers no present possession of a tangible object. Intangible assets are defined as assets that are not physical in nature. ... Personal property is a type of property. ... Tangible property in law is, literally, anything which can be touched, and includes both real property (or, in civil law systems, immovable property) and personal property (or moveable property), and stands in distinction to intangible property. ...

A chose in action, sometimes called a chose in suspense, in its more limited meaning, denotes the right of enforcing by legal proceedings the payment of a debt, or the obtaining money by way of damages for contract, or as a recompense for a wrong. Less accurately, the money itself which could be recovered is frequently termed a chose in action, as is also sometimes the document evidencing a title to a chose in action, such as a bond or a policy of insurance, though strictly it is only the right to recover the money which can be so termed. Choses in action were, before the Judicature Acts, either legal or equitable. Where the chose could be recovered only by an action at law, as a debt (whether arising from contract or tort), it was termed a legal chose in action; where the chose was recoverable only by a suit in equity, as a legacy or money held upon a trust, it was termed an equitable chose in action. Before the Judicature Acts, a legal chose in action was not assignable, i.e., the assignee could not sue at law in his own name. To this rule there were two exceptions:— (1) the crown has always been able to assign choses in action that are certain, such as an ascertained debt, but not those that are uncertain; (2) assignments valid by operation of law, e.g., on marriage, death, or bankruptcy. On the other hand, however, by the law merchant, which is part of the law of England, and which disregards the rules of common law, bills of exchange were freely assignable. The consequence was that, with these and certain statutory exceptions (e.g., actions on policies of insurance), an action on an assigned chose in action must have been brought at law in the name of the assignor, though the sum recovered belonged in equity to the assignee. All choses in action being in equity assignable, except those which are altogether incapable of being assigned, in equity the assignee might have sued in his own name, making the assignor a party as co-plaintiff or as defendant. The Judicature Acts made the distinction between legal and equitable choses in action of no importance. The Judicature Act of 1873, s. 25 (6), enacted that the legal right to a debt or other legal chose in action could be passed by absolute assignment in writing under the hand of the assignor. For other uses, see Debt (disambiguation). ... In law, damages refers either to the harm suffered by a claimant in a civil action, or to the money paid or awarded to the plaintiff in compensation for such harm. ... A contract is a promise or an agreement that is enforced or recognized by the law. ... Within finance, a bond is a debt security, in which the issuer owes the holders a debt and is obliged to repay the principal and interest (the coupon). ... The examples and perspective in this article or section may not represent a worldwide view. ... The Judicature Acts are two Acts of Parliament in the United Kingdom, the Supreme Court of Judicature Act 1873 (36 & 37 Vict. ... This article or section does not cite its references or sources. ... An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. ... Sue may refer to: Look up sue on Wiktionary, the free dictionary. ... A marriage is a relationship between or among individuals, usually recognized by civil authority and/or bound by the religious beliefs of the participants. ... This article or section is not written in the formal tone expected of an encyclopedia article. ... The examples and perspective in this article or section may not represent a worldwide view. ... The Law Merchant is a legal system used by merchants in 13th century England. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... A plaintiff, also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... The Judicature Act 1873 was an Act of Parliament by the Parliament of the United Kingdom in 1873. ...

Chose in possession

A chose in possession is an item of tangible personal property which is capable of physical possession by the owner and which is capable of transfer by delivery. Possession of a chose in possession is prima facie evidence of ownership. Tangible Tangible relates to something that can be touched. ... Personal property is a type of property. ...

Chose in possession is opposed to chose in action, and denotes not only the right to enjoy or possess a thing, but also the actual or constructive enjoyment of it. The possession may be absolute or qualified. It is absolute when the person is fully and completely the proprietor or owner of the thing; it is qualified when he "has not an exclusive right, or not a permanent right, but a right which may sometimes subsist and at other times not subsist," as in the case of animals ferae naturae (feral by nature). A chose in possession is freely transferable by delivery. Previously to the Married Women's Property Act of 1882, a wife's choses in possession vested in her husband immediately on her marriage, while her choses in action did not belong to the husband until he had reduced them into possession, but this difference is now practically obsolete. A proprietary colony is a colony in which the king gave land to one or more people called proprietors. ... Ferae naturae, Latin for nature [wild] animals, is a legal term that means any animals that are not designated domesticated animals by law. ... A feral horse (an American mustang) in Wyoming A feral animal or plant is one that has escaped from domestication and returned, partly or wholly, to its wild state. ...

References

• This article incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain.