MBE Rules · Torts
Recapture of Chattels
Defense and recapture of property
The rule
Reasonable non-deadly force may defend property after a demand to desist; recapture of chattels is allowed only in fresh pursuit against a wrongful taker, and force can never be deadly nor used against one with apparent legal right.
In plain English
The rule of recapture of chattels allows a person to use reasonable, non-deadly force to reclaim their property after asking the person to return it. This right to reclaim only applies if the owner is pursuing the wrongful taker immediately after the theft and cannot use deadly force or act against someone who appears to have a legal right to the property.
Worked example
Alice sees Bob taking her bicycle without permission. She demands that he return it, but he refuses and starts to ride away. Alice chases Bob and, in an attempt to stop him, lightly pushes him off the bike. Since Alice was in fresh pursuit and used reasonable force, she is allowed to recapture her bicycle.
Memory hook
Chase, demand, and don't harm—recapture your stuff without alarm!
The trap
Exams may present scenarios where the force used seems reasonable but is actually excessive or deadly, leading students to misapply the rule. Additionally, students might confuse the legal rights of the taker, thinking they can act against someone who appears to have a right.
How examiners test it
Questions often involve fact patterns where a property owner attempts to reclaim their property, requiring students to analyze the timing of the pursuit and the nature of the force used. Look for clues about the taker's apparent legal rights to avoid missteps.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.