Also known as: as-of
Written by attorneys · grounded in primary & secondary sources — see below
A temporal reference fixing the precise moment or date at which a legal condition, value, or status must be measured or determined.
Amber Alonzo and Alfred Ashford exchanged vows during a ceremony while Amber was heavily intoxicated from prescription medication. A court later examined whether the marriage was valid by focusing on Amber's ability to understand the ceremony at the exact moment it occurred. Because Amber lacked capacity then, the marriage was held invalid.
Aurora Biotech sought an injunction to stop Alpine Mining from discharging pollutants onto its land. The court evaluated whether an injunction was appropriate by comparing the harm and benefits existing on the day it issued the order. Conditions had changed since the suit was filed, so the later date controlled the outcome.
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Anchor Bank contracted to buy specialized equipment from Ashford Manufacturing for delivery at the bank's warehouse. After the goods arrived and were rejected for nonconformity, the bank sued for damages. The court measured market price at the warehouse location on the date the bank revoked acceptance rather than at the seller's plant.
Austin Abbott died owning several parcels of land and shares in a closely held company. His personal representative prepared the required inventory within three months of appointment and listed each asset's fair market value on the date Austin died. Encumbrances existing at that same moment were also noted for each item.
Ava Adebayo served initial disclosures in a contract dispute on behalf of her client. The opposing party later challenged the disclosures as incomplete because new documents had surfaced after service. The court checked whether the disclosures were complete and correct on the exact day they were made rather than at a later date.
Amelia Amari and Alice Atkins began living together as spouses while Alice remained married to another person. After Alice's prior marriage was dissolved, the couple continued cohabiting and holding themselves out as married. A court recognized their common law marriage as valid from the date the prior impediment was removed.
The phrase fixes the exact moment and location for determining market price when a buyer revokes acceptance after goods arrive. Using that point prevents the breaching party from benefiting from later market fluctuations and ensures damages reflect the buyer's actual loss at the place of arrival.
Supporting sources
Capacity is assessed strictly at the instant the ceremony occurs. If a party is intoxicated or otherwise impaired at that moment, the marriage is invalid even if the impairment later ends.
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Each asset's fair market value and any encumbrances are determined as of the date of the decedent's death, not the date the inventory is prepared or filed.
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The appropriateness of an injunction is judged by comparing harms and benefits existing on the date the court issues the order, not on the date the suit was filed or the tort occurred.
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…Roe is a fictitious person. For purposes of her case, we accept as true, and as established, her existence; her pregnant state, as of the inception of her suit in March 1970 and as late as May 21 of that year when she filed an alias affidavit with the District Court; and her inability to obtain a legal abortion in…