Written by attorneys · grounded in primary & secondary sources — see below
A loss or perishing of a thing. The concept identifies when a thing ceases to exist or becomes unavailable, triggering allocation of risk, discharge of duties, or justification for governmental action.
Sources & Authorities
How it applies
Common Examples
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M'Naghten Self-Control Claim
Derek Douglas, charged with arson, claims mental illness caused him to lose all ability to stop himself from setting the fire. The court rejects the defense because deperditio of behavioral control alone does not satisfy the traditional test requiring a defect of reason that prevents knowing the act was wrong.
Fire Destroys Land Before Closing
Dorothy Daniels contracts to buy land from Duarte Shipping. Before closing a fire destroys the buildings. Under equitable conversion the deperditio of the structures places the risk on Dorothy, so she must still pay the full price.
TRO Issued on Irreparable Harm
Davenport Pharmaceuticals moves for a TRO after learning a competitor will imminently release a stolen formula. The court grants the order because the verified complaint shows deperditio of trade-secret value will occur before the competitor can be heard.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Unique Machine Destroyed Before Delivery
Diamond Manufacturing agrees to sell a custom prototype to Desert Oil. The prototype is destroyed in a warehouse fire before shipment. The deperditio of the specific thing discharges Diamond because its existence was a basic assumption of the contract.
Specifically Devised Artwork Sold
Doris Duffy's will specifically devises a painting to Danielle Dixon. Doris sells the painting before death and the proceeds remain unpaid. Danielle receives the unpaid sale proceeds because the deperditio of the original item does not cause the devise to fail.
Exigent Entry to Prevent Evidence Loss
Officers knock at Dylan Duffy's home. Hearing sounds of toilets flushing, they enter without a warrant. The deperditio of drug evidence is imminent, so the entry is lawful even though the exigency arose after the knock.
Common questions
Frequently Asked
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Does deperditio of self-control alone excuse criminal conduct under M'Naghten?+
No. Traditional M'Naghten requires a defect of reason that prevents the defendant from knowing the act was wrong. Mere loss of behavioral control caused by mental illness does not satisfy the test.
Supporting sources
When does deperditio of land improvements shift risk to the buyer?+
Under equitable conversion, once a binding land-sale contract forms, risk of loss passes to the buyer at formation in most jurisdictions. The buyer must still pay even if the property is later destroyed.
Supporting sources
What showing of deperditio supports a TRO without notice?+
Specific facts in an affidavit or verified complaint must clearly show that immediate and irreparable injury, loss, or damage will occur before the adverse party can be heard.
Supporting sources
Does deperditio of a unique item discharge a contract?+
Yes when the item's existence was a basic assumption of the contract. Destruction or failure of the specific thing to come into existence excuses performance.
Supporting sources
What happens to a specific devise after deperditio of the property?+
The devisee receives any unpaid sale proceeds, condemnation award, or insurance recovery. If none exist the devise fails unless that result would contradict the testator's intent.
Supporting sources
When may officers enter to prevent deperditio of evidence?+
Police may enter without a warrant if they reasonably believe evidence is being destroyed and did not create the exigency by an actual or threatened Fourth Amendment violation.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…the sole act of the President. If the possession of the original were necessary to authorize performance of duties in office, loss of the commission would lose the office. But a copy from the record of the Secretary of State's office is by law equal to the original. When all requisites have been performed which…