Also known as: free of fault · without fault · blameless
Written by attorneys · grounded in primary & secondary sources — see below
A condition in which a party bears no responsibility for causing a supervening event or unsuitable condition. This status prevents the party from being held liable for resulting nonperformance or unsuitable premises and permits remedies such as discharge, avoidance, or rent abatement.
Floyd Franklin signed a lease for an apartment that the parties intended for residential use. On the day possession was to begin, a prior tenant's unrepaired plumbing failure left the unit uninhabitable. Franklin had done nothing to cause the problem. He may terminate the lease and recover damages.
Fisher Foods contracted to buy a specific lot of perishable produce identified at formation. Before risk of loss passed, a warehouse fire destroyed the lot. Neither Fisher Foods nor the seller caused the fire. Fisher Foods may treat the contract as avoided.
Select any source to read its text and confirm it supports the definition.
A local blog published a false story accusing Faye Fuller, a private citizen, of polluting a stream. Fuller had no role in creating the false report. She may recover compensatory damages by showing negligence without proving actual malice.
Fatou Fall leased commercial space for a retail store. After the lease was signed but before possession began, the landlord's contractor damaged the electrical system, rendering the space unusable for retail. Fall had no involvement in the damage. She may terminate and recover damages if the landlord is at fault.
Freeman Engineering agreed to ship machinery by a specific carrier that later became unavailable because of a port strike. Neither party caused the strike. A commercially reasonable alternate carrier exists. Freeman Engineering must tender and the buyer must accept performance by the substitute carrier.
Fabian Flynn took possession of leased retail space. The landlord then failed to repair a roof leak it had promised to fix, flooding the premises and making continued retail use impossible. Flynn promptly notified the landlord. After a reasonable time passed without repair, Flynn may terminate the lease and recover damages.
Yes. When goods identified at contract formation suffer casualty without fault of either party before risk of loss passes, the buyer may treat the contract as avoided if the loss is total.
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When the leased property is unsuitable for residential use on the date possession is due and the unsuitability exists without the tenant's fault, the tenant may terminate the lease.
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Yes. A private plaintiff need only prove fault at least at the negligence level when the speech concerns a matter of public concern. Actual malice is required only for presumed or punitive damages.
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…may reduce other payments to which the beneficiary is entitled, or seek the payment of a refund, unless the beneficiary is "without fault" and such adjustment or recovery would defeat the purposes of the Act or be "against equity and good conscience." 42 U. S. C. § 404 (b). See generally 20 CFR §§ 404.501-404.515…