Also known as: avail · proceeds · benefits
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
Conduct by which a defendant takes advantage of the benefits and protections of a forum state's laws. The requirement ensures that jurisdiction arises only from the defendant's own purposeful contacts rather than from unilateral acts of others.
Conduct by which a defendant takes advantage of the benefits and protections of a forum state's laws. The requirement ensures that jurisdiction arises only from the defendant's own purposeful contacts rather than from unilateral acts of others.
Aisha Ahmed a Delaware trustee never initiated any activity in Florida. The settlor's unilateral exercise of a power of appointment in Florida could not supply the purposeful contacts needed for personal jurisdiction over the trustee.
Proceeds or benefits obtained from a sale of property or from an insurance policy. These sums are treated as substitutes for the underlying asset and are subject to the same claims or exemptions that would have applied to the original property.
Ava Adebayo brought a successful derivative suit on behalf of Apex Dynamics. The settlement proceeds were paid directly to the LLC rather than to Ava because any recovery in a derivative action belongs to the entity.
Alan Ackerman used proceeds from the sale of his premarital stock to buy a vacation cabin after marriage. Because the cabin was acquired in exchange for individual property it retained its character as Alan's separate asset under the uniform act.
Usefulness or benefit derived from a thing or action. The concept measures whether a particular step produces any practical advantage in achieving a desired legal result.
Arthur Abrams signed a contract to purchase a warehouse from Apollo Energy. Before closing a fire destroyed the building. Under the majority rule the risk had already shifted to Arthur so he remained obligated to pay the full price while Apollo held title only as trustee.
Aether Technologies and its departing associate Albert Allen negotiated a separation agreement that barred Allen from practicing in three counties. The clause restricted the lawyer's right to practice after termination and therefore violated the ethics prohibition on such agreements.
Proceeds or benefits obtained from a sale of property or from an insurance policy. These sums are treated as substitutes for the underlying asset and are subject to the same claims or exemptions that would have applied to the original property.
Usefulness or benefit derived from a thing or action. The concept measures whether a particular step produces any practical advantage in achieving a desired legal result.
Each sense below has its own examples, sources, and questions.
The defendant must perform some act by which it takes advantage of the privilege of conducting activities within the state thereby invoking the benefits and protections of its laws. Unilateral activity by the plaintiff or a third party is insufficient.
Any proceeds belong to the limited liability company itself. The plaintiff must immediately remit any recovery received to the company.
Amber Alonzo's form contract contained an ambiguous delivery clause that she had drafted. When a dispute arose the court adopted the reading that operated against Amber because the law prefers an interpretation that works against the party who supplied the words.
Under the majority rule risk passes to the buyer at contract formation. The buyer therefore bears any loss even though the seller still holds legal title as trustee.
The court selects the meaning that operates against the party who supplied the words. This rule resolves genuine ambiguity in favor of the nondrafting party.
…between same- and opposite-sex couples with respect to this principle, yet same-sex couples are denied the constellation of benefits that the States have linked to marriage and are consigned to an instability many opposite-sex couples would find intolerable. It is demeaning to lock same-sex couples out of a central…