Also known as:inheres · inhered · inhering · inherency · inherencies · inherent
Written by attorneys · grounded in primary & secondary sources — see below
To exist as a permanent, inseparable, or essential attribute of a person or thing.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Cases
Restatements
How it applies
Common Examples
6
Privacy Right Attaches to Individual
Ingrid Innes, an unmarried resident, sought to purchase contraceptives from a pharmacy. State law barred sales to unmarried persons. The court recognized that the right of privacy inheres in Ingrid as an individual rather than only in married couples, so the restriction violated equal protection.
Inherent Agency Power Binds Principal
Imran Iyer, a network engineer for Inertia Dynamics, promised discounted service terms to Island Manufacturing. The company later refused the terms as unauthorized. The court held that inherent agency power derived solely from Imran's agency relation protected the third party even without actual or apparent authority.
Ivy Ibarra vacated leased premises and stopped paying rent. Island Manufacturing, the landlord, accepted the surrender. The court treated the offer of surrender as inherent in the abandonment, terminating the lease and limiting Ivy's liability to accrued rent and damages.
Fundamental Rights Inhere in Persons
Ian Iverson and his partner sought state recognition of their marriage. The court held that the right to marry inheres in individuals as a fundamental liberty protected by due process, requiring the state to extend the status equally.
Obergefell v. Hodges576 U.S. 644 (2015)
Pleading Standards Inhere in Antitrust Claims
Ike Ingram alleged parallel pricing by competitors but supplied only conclusory assertions. The court held that the requirement of plausible conspiracy facts inheres in the Sherman Act claim itself, so the complaint failed to state a claim.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Privacy Interests Inhere Before Viability
Isabelle Inman challenged a state ban on early abortions. The court held that the woman's privacy interest inheres in her decision whether to terminate a pregnancy before viability, rendering the ban unconstitutional.
Roe v. Wade410 U.S. 113 (1973)
Common questions
Frequently Asked
3
How does inherent agency power differ from actual or apparent authority?+
Inherent agency power arises solely from the agency relation and protects third parties harmed by or dealing with the agent. It does not depend on the principal's manifestations or the agent's actual privilege.
Does the right of privacy inhere only in married couples?+
No. The constitutionally protected right of privacy inheres in the individual, married or single, and protects personal decisions about bearing or begetting a child from unwarranted governmental intrusion.
What legal consequence follows when an offer of surrender is inherent in a tenant's abandonment?+
The landlord may accept the offer and terminate the lease, leaving the tenant liable only for rent accrued before acceptance and damage caused by the abandonment.
410 U.S. 113 (1973)Constitutional Law
…upon mistaken and exploded medical dogmas. With strange inconsistency, the law fully acknowledges the foetus in utero and its inherent rights, for civil purposes; while personally and as criminally affected, it fails to recognize it, and to its life as yet denies all protection." Id. , at 75-76. The Committee then…