One is privileged to recapture land or chattels of which he has been wrongly deprived by use of timely and reasonable force. (RST 101)
1.Defense and recapture involves two things
i.possession by the owner
ii. a purely wrongful taking
Kirby v. Foster $50 deducted from P’s pay, so P kept $50 from payroll. D’s held him in struggle to get money back. Issue: Were D’s justified in use of force to get money back? No. They could defend with necessary force only. And only if the P had no claim or right, even if the claim was wrong.
2.Hot Pursuit – any privilege of recapture must be exercised promptly
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