Written by attorneys · grounded in primary & secondary sources — see below
An attribute or right free from restriction, qualification, or condition.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Complete Contract Integration
Alfred Ashford and Andre Antoine signed a detailed purchase agreement covering every material term for the sale of equipment. Because the writing appeared complete and specific on its face, the court treated it as an absolute integrated agreement barring any claim of additional oral terms.
Appeal from Final Order
Adam Anderson obtained a district court order dismissing his entire complaint with prejudice. The court of appeals exercised jurisdiction because the order constituted an absolute final decision ending the litigation.
Void Clog on Redemption
Adrian Aguilar gave Alliance Holdings a deed to his land in exchange for a loan. The deed stated it transferred title absolutely and forever, but the court voided the provision as an improper clog on the equity of redemption.
State A enacted a statute retroactively lengthening the statute of limitations on existing contracts. Aaron Adams challenged the law as an absolute prohibition under the Contracts Clause because it impaired vested obligations.
Default Judgment Limits
Avalon Pharmaceuticals sued Argonaut Shipping and requested only monetary damages in the complaint. When Argonaut defaulted, the court refused to award injunctive relief because a default judgment cannot differ in kind from the absolute demand in the pleadings.
Unreasonable Consent Withholding
Azure Solutions leased property to Audrey Ashton under a clause allowing Azure to withhold consent to any assignment. The lease gave Azure an absolute right to withhold consent only because the parties had freely negotiated that specific provision.
Common questions
Frequently Asked
4
When does a writing qualify as an absolute integrated agreement?+
A writing qualifies when its completeness and specificity reasonably indicate it is the final expression of the parties' agreement. Other evidence may rebut that conclusion.
Supporting sources
What renders a provision an absolute clog on the equity of redemption?+
Any term that converts the security device into an outright conveyance or makes redemption impossible is void as against public policy.
Supporting sources
Does the Contracts Clause impose an absolute bar on state legislation affecting contracts?+
The clause prohibits states from passing any law impairing the obligation of contracts without congressional consent.
Supporting sources
When may a lease grant a tenant an absolute right to withhold consent to alienation?+
Only a freely negotiated lease provision may confer an absolute right. Otherwise the tenant's consent cannot be withheld unreasonably.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…where by law the officer is not removable at will. The right to the office is then in the person appointed who has the absolute power of accepting or rejecting it. Mr. Marbury, since his commission was signed by the President and sealed by the Secretary of State, was appointed; and as the law creating the office…