Also known as: reasonable assurances
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
An obligation imposed on managing lawyers to implement firm procedures that provide reasonable assurance of compliance with professional conduct rules by all firm lawyers and nonlawyers.
A communication or action by a party that indicates a likelihood of curing a failure to perform, considered in assessing whether a breach is material.
A finding by the NRC that a nuclear facility can be constructed and operated without undue risk to public health and safety.
Each sense below has its own examples, sources, and questions.
An obligation imposed on managing lawyers to implement firm procedures that provide reasonable assurance of compliance with professional conduct rules by all firm lawyers and nonlawyers.
Select any source to read its text and confirm it supports the definition.
Lisa, managing partner at Highland Builders, allowed each practice group to design its own ethics training without any firm-wide reporting or audits. One group used only informal shadowing, leaving junior associate Charles without guidance on trust account rules. A client complaint about a commingling error prompted a bar inquiry into whether Lisa had satisfied her managerial duties.
Managing partner Lisa permitted each practice group at Highland Builders to choose its own training for paralegals handling trust accounts. One group provided no written materials or supervisor sign-offs. After a junior paralegal made an unauthorized disbursement, the bar examined whether Lisa had put measures in place giving reasonable assurance of compatible conduct.
A managing partner must implement measures that give reasonable assurance all lawyers in the firm will conform to the Rules. Decentralized training without firm-wide reporting, audits, or verification fails to provide such assurance when gaps allow ethical errors to go undetected.
Supporting sources
A communication or action by a party that indicates a likelihood of curing a failure to perform, considered in assessing whether a breach is material.
Select any source to read its text and confirm it supports the definition.
CodeCraft missed the November 1 delivery deadline for Nova Retail's e-commerce platform after discovering security bugs. It sent daily progress reports and delivered a fully functional site on November 15 while offering to fix remaining issues. Nova refused payment and claimed material breach, but the court focused on the prompt cure and ongoing assurances.
A court weighs the likelihood that the breaching party will cure its failure, taking account of all circumstances including any reasonable assurances. Prompt cure supported by concrete written assurances and substitute performance tends to show the breach is not material. Vague or post-deadline assurances that cannot restore the expected benefit on time support a finding of materiality.
Supporting sources
A pattern of prior defaults can undermine the credibility of later assurances even when the breaching party takes remedial steps. Courts consider whether the new measures and written commitments overcome the prior record of unreliability when deciding if cure is sufficiently likely to render the breach nonmaterial.
A finding by the NRC that a nuclear facility can be constructed and operated without undue risk to public health and safety.
Select any source to read its text and confirm it supports the definition.
The Licensing Board reviewed an application for a new nuclear reactor and examined site geology, hydrology, and emergency systems. It concluded that the design and operating procedures supplied reasonable assurance the plant could run without undue risk to public health. The board therefore issued the construction permit.
Intervenors challenged a reactor license application before the Licensing Board. The board evaluated whether the applicant had shown reasonable assurance that operation would not endanger public health or safety. After reviewing the hazards analysis and environmental data, the board granted the permit over the objections.
The board finds reasonable assurance when the applicant demonstrates through site evaluations, design analysis, and safety measures that the plant can be constructed and operated without undue risk to public health and safety. The finding is required before issuing a construction permit or operating license.
Supporting sources
…reactor safety standards." 42 U. S. C. § 2039. [^maj-4]: The Licensing Board issues a permit if it concludes that there is reasonable assurance that the proposed plant can be constructed and operated without undue risk, 42 U. S. C. § 2241; 10 CFR § 50.35 (a) (1977), and that the environmental cost-benefit balance favors the…
…reactor safety standards.” 42 U. S. C. § 2039. [^maj-4]: The Licensing Board issues a permit if it concludes that there is
Supporting sources
When reasonable grounds exist to believe a breach will occur, the obligee may demand adequate assurance. Failure to provide assurance that is adequate under the circumstances within a reasonable time constitutes repudiation. Vague statements of commitment without timelines or verifiable plans are usually inadequate.
Supporting sources
A state energy commission imposed additional certification requirements on a proposed nuclear plant already under NRC review. The utility argued the state rules conflicted with federal findings of reasonable assurance on safety. The court examined whether the federal licensing process preempted the state demands.