Also known as: adversely affects · adversely affected · adversely affecting · adverse affect · adverse effect · negative impact
Written by attorneys · grounded in primary & secondary sources — see below
A negative impact or harm imposed on a person, right, interest, or performance. The impact must be material to trigger legal consequences such as voidability, unenforceability, or required withdrawal.
Audrey Ashton, counsel for Anchor Bank in ongoing litigation, determines that continued representation would require her to advance arguments she reasonably believes are fraudulent. She files a motion to withdraw after confirming that substitute counsel can assume the case without delaying hearings or prejudicing the bank's position. The court grants the motion because withdrawal can be accomplished without material adverse effect on the client's interests.
Alexis Archer and Alpine Mining execute a contract for the sale of mining rights based on the shared assumption that the parcel contains commercially viable ore deposits. Post-execution surveys reveal the deposits are far smaller than believed, materially reducing the value of the exchange. Alpine Mining, the adversely affected party, rescinds the contract because the mistake concerns a basic assumption and does not bear the risk under section 154.
Select any source to read its text and confirm it supports the definition.
Amelia Amari and Andre Antoine sign a marital property agreement that allocates all future earnings to Amelia and waives any claim for child support from Andre. When their child later requires substantial medical care, the court refuses to enforce the waiver. A marital property agreement may not adversely affect the right of a child to support.
Ava Adebayo petitions for dissolution after moving out of the marital home 210 days earlier. She presents evidence that Andre Antoine's repeated public accusations of financial misconduct have created lasting resentment that has turned both spouses against continuing the marriage. The court finds the marriage irretrievably broken because there is serious marital discord adversely affecting the attitude of one or both parties toward the marriage.
Alice Atkins publishes statements claiming that Aurora Biotech's chief scientist falsified trial data to obtain regulatory approval. The statements are false and directly impugn the scientist's competence in conducting lawful pharmaceutical research. The scientist recovers damages without proof of special harm because the slander ascribes conduct that would adversely affect fitness for the proper conduct of his profession.
Aether Technologies' founder and his spouse execute a premarital agreement that eliminates any obligation to pay child support in the event of divorce. After the birth of their child, the spouse seeks enforcement of statutory support obligations. The waiver is unenforceable to the extent that it adversely affects a child's right to support.
A lawyer may withdraw under Rule 1.16(b)(1) only when substitute counsel can assume the matter without delaying scheduled proceedings or otherwise harming the client's position. Missed deadlines or loss of strategic advantage that cannot be cured by new counsel will prevent withdrawal.
Supporting sources
Under Restatement (Second) of Contracts § 152(1), a shared mistake about a basic assumption that materially alters the agreed exchange allows the adversely affected party to avoid the contract unless that party bears the risk of the mistake. The test focuses on whether the mistake goes to the heart of the bargain rather than peripheral details.
Supporting sources
Both the Uniform Marital Property Act § 10(b) and the Uniform Premarital and Marital Agreements Act § 10(b)(1) expressly prohibit any term that adversely affects a child's right to support. Courts treat the prohibition as non-waivable to protect the child's independent interest in financial provision.
Supporting sources
Under Uniform Marriage and Divorce Act § 302(a)(2), proof that discord has turned one or both spouses against the marriage satisfies the standard even if the parties have not lived apart for 180 days. Courts examine whether the discord eliminates any reasonable prospect of reconciliation.
Supporting sources
…as a going concern. It is based upon the amount of cash that can be taken from a company by its owner at a given time without adversely affecting its financial and business condition. Thus, it looks to things different than net earnings, dividends, price earnings ratio, etc. for its ultimate conclusion. The discounted cash flow…