defeasance

Contract Law/WarrantiesLegal glossary term

Legal Definition

A defeasance is a legal concept referring to the failure of a contract or legal obligation to be fully performed, often resulting in a breach of warranty or contract. It signifies that a party has failed to meet a contractual duty, leading to potential remedies for the injured party.

Plain-English Translation

Imagine a situation where someone promised to do something important (like paying money or doing a job), but they didn't actually do it correctly. In law, 'defeasance' means that the promise was broken, and the person who failed to deliver is in trouble because they broke the agreement.

Context in Contracts

It matters because it establishes the legal basis for seeking remedies when a party fails to perform as promised. In litigation, proving a defeasance is crucial for demonstrating that a breach occurred and justifying damages or seeking specific relief under contract law.

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01

A claim where a product fails to meet the guaranteed specifications (a warranty defeasance).

02

A legal action where one party proves the other party failed to uphold a contractual obligation.

Document context

How defeasance shows up in legal documents

What is it?

A defeasance is a legal term indicating a failure or deficiency in a contract, warranty, or legal obligation. It signifies that a contractual duty has not been met, often leading to a claim for breach of contract or warranty.

Why does it matter?

It matters because it establishes the legal basis for seeking remedies when a party fails to perform as promised. In litigation, proving a defeasance is crucial for demonstrating that a breach occurred and justifying damages or seeking specific relief under contract law.

When does it matter?

It usually appears in contexts where one party's obligation has failed to meet the contractual standard, such as when a warranty fails or a contractual duty is breached. This occurs during disputes over broken agreements or defective goods.

Where is it usually seen?

Defeasance is typically seen in contract law, warranty claims, and litigation involving breach of contract. It appears in legal documents related to warranties, guarantees, and contractual obligations.

Who is affected?

The parties involved—the contracting party who failed to perform, the injured party seeking relief, and the legal system itself—are affected by the defeasance because it determines liability and remedies.

How does it work?

In practice, a defeasance is demonstrated through evidence showing that the promised performance was deficient or absent. The claimant must show that the contract was breached, which often involves proving the defect in the original promise.

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Disclaimer: We do not provide legal advice. We translate legal language into plain English and help you prepare for a conversation with a lawyer.