Written by attorneys · grounded in primary & secondary sources — see below
A prepositional phrase attributing an event, condition, or liability to a specified cause or ground.
Sources & Authorities
How it applies
Common Examples
6
Unmarketable Title from Lien
Bei Bai contracted to buy land from Bristol Steel. At closing Bei discovered an unreleased judgment lien on the property. Bei refused to close because the title was unmarketable by reason of the lien and demanded rescission.
Required Joinder Risk
Belinda Baxter sued Bay Area Systems for breach. A third party claimed an interest in the contract proceeds. The court ordered joinder because disposing of the action without the third party would leave Bay Area Systems subject to inconsistent obligations by reason of the interest.
Unavailable Declarant
Benito Benitez offered a prior statement at trial. The declarant had died before the hearing. The court admitted the statement under a hearsay exception because the declarant could not testify by reason of death.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Apparent Authority Liability
Blake Butler permitted Brooke Bryant to represent herself as owner of his equipment. Third parties paid Bryant for rentals in reliance. Butler became liable to the third parties by reason of their belief that the transaction was entered into for him.
Landlord Fault Breach
Brenda Booth leased space from Brighton Manufacturing. A roof leak made the premises unusable. Booth elected to continue the lease and sought damages and rent abatement because the change in condition occurred by reason of the landlord's fault.
Ineffective Will Revocation
Bayside Shipping's testator revoked a bequest intending to create a trust that later failed. The revocation was presumptively ineffective by reason of the false assumption that the trust would be valid under applicable law.
Common questions
Frequently Asked
5
What does 'by reason of' require in a causation analysis?+
It requires a direct causal link between the specified ground and the resulting event or liability. Courts examine whether the outcome would not have occurred but for the identified reason.
Does 'by reason of' imply sole causation?+
No. The phrase attributes the outcome to the stated reason without requiring that reason to be the only cause. Other contributing factors may exist.
How is 'by reason of' used in joinder analysis?+
It identifies the interest that creates a substantial risk of inconsistent obligations for an existing party if the absent person is not joined.
Can 'by reason of' support admission of hearsay?+
Yes. When a declarant is unavailable by reason of death or illness, certain hearsay exceptions become available under Rule 804.
Does 'by reason of' create liability in agency contexts?+
It can. A person may incur liability to third parties who changed position by reason of a belief that a transaction was entered into for that person.
5 U.S. (1 Cranch) 137 (1803)Property
…derived from the principles and practice of England and the Constitution and laws of the United States. As the supreme court and by reason of its supremacy it must have superintendence of inferior tribunals and officers, whether judicial or ministerial; from this principle the Court of King's Bench derives the power of issuing…