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LSDefine

Simple English definitions for legal terms

constructive taking

Read a random definition: Lambeth degree

A quick definition of constructive taking:

Constructive taking is when someone takes something without physically removing it, but they act like they own it. For example, if someone is supposed to take care of your things but starts using them in a way you didn't agree to, that's constructive taking. It's not okay to take things that don't belong to you, even if you don't physically take them.

A more thorough explanation:

Constructive taking is when someone takes control of an item without physically removing it, but with the intention of using it in a way that goes against the owner's wishes. This is considered a form of theft.

  • If a person is entrusted with a valuable item, like a piece of jewelry, and they start wearing it themselves instead of keeping it safe for the owner, this is a constructive taking.
  • If a landlord enters a tenant's apartment without permission and starts using the tenant's belongings, this is also a constructive taking.

These examples illustrate how constructive taking involves taking control of an item without physically removing it, but still using it in a way that goes against the owner's wishes. This can cause harm to the owner and is considered a form of theft.

constructive service | constructive total loss

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