Define: Claim Of Right

A claim of right is a legal doctrine that allows a person to assert ownership or possession of property or assets based on a sincere belief that they have a legitimate entitlement to them, even if that belief turns out to be mistaken or unfounded. Under this doctrine, individuals may claim a defence against charges of theft or other crimes if they honestly believed they had a legal right to the property they took or used. To successfully assert a claim of right defence, the individual must demonstrate that they acted in good faith, without fraudulent intent or knowledge of the property’s true ownership status. However, a claim of right defence does not necessarily absolve individuals of civil liability for wrongful acts or provide immunity from legal consequences. It is typically considered a mitigating factor that may reduce the severity of criminal charges or penalties imposed by the court. Claim of right defences may vary in their application and scope depending on the jurisdiction and specific circumstances of each case.

Enacted in 1989, the Claim of Right has similar provisions to the English Bill of rights, many of which remain in force.

See: Constitutional legislation

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.