Also known as:enforces · enforced · enforcing · enforcement · enforceability · enforcement action
Written by attorneys · grounded in primary & secondary sources — see below
To compel performance of a legal duty or realization of a legal right. The process typically involves judicial or administrative mechanisms that impose sanctions for noncompliance or order specific performance.
Sources & Authorities
How it applies
Common Examples
6
Buyer Refuses Performance Over Lien
Ezra Eastman contracted to purchase land from Elijah Edwards. An unreleased judgment lien appeared in the title search before closing. Ezra refused to perform and rescinded the contract because the seller could not cure the defect by the closing date.
State Law Challenged Under Amendment
Eugene Ellsworth challenged a state statute that denied him equal protection in voting access. The court enforced the Fourteenth Amendment by striking down the law as an abridgment of privileges of citizenship.
Negotiation Statement Barred at Trial
Evelyn Ellison offered a statement made during settlement talks to prove the amount of a disputed claim. The court refused to enforce admission of the statement under the evidence rule governing compromise negotiations.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Original Landlord Remains Liable
Esme Ellington transferred her leased property to Edgewater Capital while still bound by an express lease covenant touching the land. The original landlord remained obligated after the transfer because privity of contract was not released.
Federal Directive Rejected by State
Edward Everett, a state officer, refused to conduct federal background checks under a congressional mandate. The court enforced the anti-commandeering principle and barred the federal government from compelling state officers to administer the program.
Member Demand Precedes Derivative Suit
Echelon Security members refused to pursue a corporate claim after Ezra Eastman made a formal demand on the managers. The court enforced the statutory precondition by dismissing the derivative action for lack of a reasonable waiting period.
Common questions
Frequently Asked
6
What happens when a title defect prevents enforcement of a real estate contract?+
The buyer may rescind or refuse to perform if the seller cannot cure the defect by closing. Marketability of title is assessed by whether a reasonably prudent purchaser would accept it free from reasonable doubt.
Supporting sources
How does the Fourteenth Amendment limit state enforcement of laws?+
No state may enforce a law that abridges privileges or immunities of citizens or deprives any person of life, liberty, or property without due process or equal protection.
Supporting sources
When may statements from compromise negotiations be enforced at trial?+
Such statements are generally inadmissible to prove or disprove the validity or amount of a claim, except in limited circumstances such as proving bias or obstruction of a criminal investigation.
Supporting sources
Does transfer of leased property relieve the original landlord of enforcement obligations?+
The transferor remains obligated after transfer if the duty rests on privity of contract and the entitled party does not release it, or if privity of estate continues without release.
Supporting sources
What principle prevents federal enforcement through state officers?+
The anti-commandeering principle bars the federal government from directing states or their officers to administer or enforce federal regulatory programs.
Supporting sources
What precondition must members satisfy before enforcing a company right derivatively?+
Members must first make a demand on managers or other members to cause the company to bring the action, and the company must fail to act within a reasonable time.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…the Texas abortion laws were unconstitutional. The court declared the laws void but refused to issue an injunction against their enforcement. Appeals were taken to this Court by Roe, by the Does, by Hallford, and by the defendant District Attorney. Held: 1. While 28 U.S.C. § 1253 authorizes no direct appeal to this Court…