Also known as: eliminations · eliminate · eliminates · eliminated · eliminating
Written by attorneys · grounded in primary & secondary sources — see below
An act of removal or termination that nullifies a legal duty, condition, liability, or element required for a claim or defense.
Ella Emerson shot an intruder who threatened her family. The prosecutor charged her with criminal homicide. The court found the killing excusable because the law recognized a complete defense that eliminated criminal liability for her actions.
Emma Erickson served as a director of Equinox Energy. She pursued a business opportunity without first offering it to the corporation. The articles of incorporation contained a provision that eliminated the duty to offer the opportunity, so the corporation had no claim against her.
Edward Everett rented an apartment from Emerald Enterprises. A plumbing failure created an unsuitable condition. Edward used a portion of the rent to eliminate the unsuitable condition as permitted by the lease remedy provisions.
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Eric Espinoza suffered injury when a heavy object fell in a store aisle. He sued Echelon Security under a res ipsa loquitur theory. The evidence sufficiently eliminated other responsible causes including third-party conduct, allowing the inference of negligence.
Esther Eisenberg and Elise Everly formed a limited partnership. Their agreement altered the duty of loyalty. The statute permitted the partners to eliminate the duty of loyalty except in specified circumstances, so the modification was enforceable.
Edgewater Capital dissolved after the owners divorced. The marital property agreement provided for elimination of spousal support. The court enforced the elimination clause, ending any obligation for ongoing payments.
A partnership agreement may alter or eliminate the duty of loyalty or the duty of care except as otherwise provided by statute. The elimination is enforceable when the agreement complies with statutory limits on modification.
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An inference of negligence arises when the event ordinarily does not occur without negligence, other responsible causes are sufficiently eliminated by the evidence, and the negligence falls within the defendant's duty.
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A tenant may use rent to eliminate the unsuitable condition to the extent prescribed by the applicable restatement section when the landlord breaches obligations regarding the leased property.
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Articles of incorporation may limit or eliminate the duty to offer the corporation a business opportunity when adopted in accordance with the statutory procedures for conflicting interest transactions.
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Excusable homicide covers killings for which the law recognizes a defense that eliminates criminal liability, distinguishing them from criminal homicide that lacks justification or excuse.
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A marital property agreement may provide for modification or elimination of spousal support, subject to statutory protections when the elimination would render a party eligible for public assistance.
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…against attack as being violative of a state constitutional guarantee of equality. Segregation in Boston public schools was eliminated in 1855. Mass. Acts 1855, c. 256. But elsewhere in the North, segregation in public education has persisted in some communities until recent years. It is apparent that such segregation has…