Also known as: rates · tariff · charge
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A measure of the amount charged or paid for a good or service.
The proportional relationship between two quantities such as value or quantity adjusted over time.
A measure of the amount charged or paid for a good or service.
Select any source to read its text and confirm it supports the definition.
The proportional relationship between two quantities such as value or quantity adjusted over time.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
Stuart and Imogen agree to fabricate sources for a news story. Even though external facts later make publication of the fabricated quotes impossible, the agreement and shared intent establish the conspiracy. The rate of success on the underlying objective does not affect liability.
In a defamation suit, the defendant offers testimony that the plaintiff has a reputation for dishonesty. The court permits the plaintiff to introduce specific instances of truthful conduct to rebut the trait. Those instances establish the relevant character trait at issue.
A lawyer proposes a flat fee of $50,000 for a routine contract review that requires only ten hours of work. The client accepts. The fee is later challenged as unreasonable under the factors that include time required and novelty of the questions. The agreement is unenforceable to the extent the fee exceeds a reasonable rate.
After the lease ends, a tenant remains in possession without the landlord's consent. No election is made to treat the tenant as a trespasser. The landlord recovers damages for use and occupation measured at the previous rental rate rather than a new negotiated amount.
A seller tenders title that a reputable insurer will cover at standard rates even though minor defects prevent it from being fully marketable. The buyer must accept because the contract requires only insurable title rather than marketable title.
A defendant charged as a felon in possession offers to stipulate to the prior conviction element. The government insists on introducing the full record including the name and nature of the offense. The court excludes the details because the risk of unfair prejudice substantially outweighs the probative value under Rule 403.
Factual impossibility is not a defense. The agreement and criminal intent alone complete the offense even if external facts prevent the objective from being achieved.
Specific instances are admissible when character or a character trait is an essential element of a charge, claim, or defense.
The factors include the time and labor required, the novelty and difficulty of the questions, and the skill needed to perform the service properly.
Damages are measured at the previous rental rate or at the proven reasonable value of use and occupation if that value differs from the prior rate.
Insurable title requires only that a reputable title company will insure at standard rates and is sometimes a less strict standard than full marketability.
A court may exclude the evidence when its probative value is substantially outweighed by the danger of unfair prejudice, particularly when the defendant offers to stipulate to the conviction element.
…pregnancy, that is, prior to the end of the first trimester, although not without its risk, is now relatively safe. Mortality rates for women undergoing early abortions, where the procedure is legal, appear to be as low as or lower than the rates for normal childbirth.[^maj-44] Consequently, any interest of the State in…