Also known as: agards · agarder · agardé · award · awarder
Written by attorneys · grounded in primary & secondary sources — see below
An arbitral or judicial determination that resolves a dispute and imposes obligations or grants relief. The term encompasses monetary awards, equitable orders, and other sanctions issued by a court or arbitrator.
Atlas Ventures' CEO learned of a promising energy contract. After disclosing the opportunity to the board and obtaining qualified-director approval to disclaim corporate interest, the CEO pursued the deal personally. Shareholders later sued seeking damages. Because the required procedures were followed, no agard of damages or equitable relief could issue against the CEO.
Judge Anita Ali was invited to speak at a bar-association gala whose proceeds would support legal-aid programs. The event concerned the administration of justice. She accepted and permitted her title to be used in the program. No agard of judicial discipline followed because the exception for law-related fundraising events applied.
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A law firm made a large contribution to a judicial candidate's campaign immediately before seeking appointment as special counsel for a state agency. The contribution was made to obtain the engagement. An ethics board issued an agard of professional discipline against the firm for violating the political-contribution rule.
After a car accident, Antonio Alvarado suffered permanent injuries that eliminated future earning capacity. The jury returned a lump-sum verdict covering lost wages over thirty years. The court reduced the verdict to present worth before entering the agard, as required for future pecuniary losses.
Adam Anderson's will specifically devised his vacation home to his daughter. Before death he sold the home and the proceeds remained unpaid at his death. The court entered an agard directing the executor to pay the remaining sale proceeds to the daughter rather than allowing the devise to fail.
A jury awarded Alexandra Armstrong $500,000 in compensatory damages and $5 million in punitive damages against a manufacturer whose conduct caused severe burns. On appeal the court applied the three guideposts and reduced the punitive agard because the ratio and comparable-penalty factors showed the award was excessive.
Agard is Law French for an award. It refers to any arbitral or judicial determination that resolves a dispute and imposes obligations or grants relief, including monetary awards and equitable orders.
An agard is the arbitrator's or court's final determination of rights and remedies. A judgment against the partnership alone does not automatically bind partners personally. Additional statutory conditions must be satisfied before a creditor can reach a general partner's separate assets.
A court must reduce a lump-sum agard for future pecuniary losses to present worth. The reduction converts the full future amount into its current value so the plaintiff receives the economic equivalent of the loss at the time of trial.
When specifically devised property is sold before death, the devisee receives any unpaid sale proceeds rather than nothing. The agard directs distribution of those proceeds to honor the testator's intent and prevent automatic failure of the devise.
…proved the existence of the commissions he would confine further remarks to three questions: (1) whether the Supreme Court can award the writ of mandamus in any case; (2) whether it will lie to a Secretary of State in any case whatever; and (3) whether in the present case the court may award a mandamus to James Madison,…