Also known as: exonerates · exonerated · exonerating · exoneration · exonerations · exculpate · exculpation
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A verb denoting the act of freeing a person from responsibility or liability for an obligation or misconduct. The action relieves the burdened party of further performance or exposure when another assumes the duty or when the underlying claim is extinguished.
A verb denoting the act of freeing a person from responsibility or liability for an obligation or misconduct. The action relieves the burdened party of further performance or exposure when another assumes the duty or when the underlying claim is extinguished.
Select any source to read its text and confirm it supports the definition.
A verb denoting the act of freeing real property from a lien or encumbrance such as a mortgage. The action shifts the burden of the secured debt away from the property or its recipient when the will or statute so directs.
Select any source to read its text and confirm it supports the definition.
A verb denoting the act of freeing real property from a lien or encumbrance such as a mortgage. The action shifts the burden of the secured debt away from the property or its recipient when the will or statute so directs.
Each sense below has its own examples, sources, and questions.
Enigma Technologies and its limited partners signed an agreement attempting to shield a partner from all liability. The partner later engaged in willful misconduct that harmed the partnership. The agreement could not relieve the partner from that exposure.
A prosecutor withheld a lab report that could have cleared Emmett Egan of the charged offense. The defense later obtained the report and proved its materiality. The court vacated the conviction because the nondisclosure denied a fair trial.
Elena Estrada joined a conspiracy but later withdrew before any overt act occurred. She proved the withdrawal to the jury. The court instructed that withdrawal could exonerate her from liability for subsequent crimes.
Enigma Technologies and its limited partners signed an agreement attempting to shield a partner from all liability. The partner later engaged in willful misconduct that harmed the partnership. The agreement could not exonerate the partner from that exposure.
A partnership agreement may not relieve or exonerate any person from liability for conduct involving bad faith, willful or intentional misconduct, or knowing violation of law. Any attempt to waive such liability is ineffective.
Supporting sources
Suppression of evidence favorable to the accused violates due process when the evidence is material to guilt or punishment. The violation occurs regardless of the prosecutor's good or bad faith. A conviction obtained under these circumstances cannot stand.
Supporting sources
Withdrawal does not negate an element of conspiracy but can serve as an affirmative defense to liability for subsequent acts. The defendant must prove withdrawal occurred before the crime and that the defendant took affirmative steps to disavow the conspiracy.
Supporting sources
Ella Emerson's will left her factory to Esme Ellington. The factory carried an existing mortgage held by Evergreen Bank. After Ella's death the personal representative declined to pay the mortgage from estate funds. Esme therefore received title still subject to the lien.
Eduardo Enriquez's will specifically devised a warehouse to Ewan Eckhart. A mortgage on the warehouse remained unpaid at Eduardo's death. The will contained only a general direction to pay debts. Ewan took the warehouse subject to the mortgage.
A specific devise passes subject to any mortgage existing at death without any right of exoneration. This rule applies even when the will contains a general directive to pay debts. The devisee therefore receives the property encumbered.
Supporting sources
…R. 8 (1948). And the validity of release clauses in orders signed by a depositor directing a bank to stop payment of his check, exonerating the bank from liability for negligent payment, has been seriously questioned on public policy grounds in this State, Reinhardt v. Passaic-Clifton Nat. Bank , 16 N. J. Super. 430, 436…