Also known as: excuse doctrine · excuse · contractual excuse
Written by attorneys · grounded in primary & secondary sources — see below
A legal principle that relieves a party from liability or obligation when circumstances supply a reasonable justification for nonperformance or prohibited conduct. The principle operates by negating an element of the claim or offense once the actor demonstrates that the explanation or excuse satisfies an objective standard measured from the actor's situation.
Dominic Drake shot his neighbor after discovering an affair and learning of a recent threat to his children. At trial the prosecution proved the killing was intentional. The defense introduced evidence that Drake acted under extreme mental and emotional disturbance arising from the sudden revelations. The jury found the explanation reasonable from Drake's viewpoint and convicted him of manslaughter rather than murder.
During a lengthy grand jury investigation, juror Diane Dawson developed a severe infection requiring hospitalization. The court found good cause and excused her permanently. An alternate was impaneled so the grand jury could continue without restarting its work.
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Derek Douglas killed his aunt to accelerate inheritance under her will. In the probate proceeding the court determined by a preponderance of the evidence that the killing was felonious and intentional. Because Douglas lacked legal excuse or justification, the court denied him any beneficial interest in the estate.
Deanna Davenport faced an armed intruder in her home. She used a baseball bat to repel the attack. The blow caused serious but nonfatal injury. Because the force was not intended or likely to cause death or serious bodily harm beyond what the circumstances justified, the privilege of self-defense applied and she faced no tort liability.
Midway through a federal criminal trial, juror Doris Duffy suffered a family emergency that prevented continued service. The court found good cause and excused her. The remaining eleven jurors returned a verdict after the court determined the reduced panel was necessary.
Dominion Capital chartered a vessel to carry goods from the United States to India via the Suez Canal. After hostilities closed the canal, the carrier completed the voyage around the Cape of Good Hope at substantially greater cost. The court held that the longer route did not constitute a fundamentally different undertaking, so the carrier remained bound to perform the contract.
The doctrine permits reduction of murder to manslaughter when the actor commits homicide under extreme mental or emotional disturbance for which there is reasonable explanation or excuse. Reasonableness is judged from the viewpoint of a person in the actor's situation under the circumstances as the actor believes them to be.
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A court may excuse a juror for good cause after trial begins and permit a jury of fewer than twelve to return a verdict when necessary. The rule applies once the trial has started and the court determines good cause exists.
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Yes. A slayer is defined as a person who, without legal excuse or justification, is responsible for the felonious and intentional killing of another, and such a person is denied any right to benefit from the wrong.
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…a person or entity of property") (emphasis added); § 6-11-20(b)(2) ("Malice" includes any "wrongful act without just cause or excuse . . . With an intent to injure the . . . property of another") (emphasis added); § 6-11-20(b)(5) ("Oppression" includes "[s]ubjecting a person to . . . unjust hardship in conscious…