Also known as: refrains · refrained · refraining · abstain · forbear
Written by attorneys · grounded in primary & secondary sources — see below
Conduct consisting of holding back from a specified act or course of conduct. Legal duties and promises frequently impose an obligation to refrain, requiring abstention from adverse dealings, competition, bias, or other prohibited behavior. The requirement attaches when the governing rule or agreement identifies the conduct to be avoided.
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Ralph Richardson, charged with arson, presented evidence that severe mental illness prevented him from controlling his actions at the time of the fire. The prosecution introduced testimony that Richardson understood the nature of his conduct. The court ruled that any inability to refrain supplied no defense under the governing test.
Rebecca Ross sold land to Rachel Ramirez under a contract containing a promise that Ross would refrain from operating a competing business on adjacent property she retained. At closing the deed omitted any reference to the restriction. Ramirez later sued to enforce the promise, and the court held that the independent covenant survived merger because the parties intended it to remain separate from the conveyance.
During a civil trial before Judge Roland Rhodes, defense counsel repeatedly made remarks suggesting bias against a witness based on national origin. The judge interrupted and directed counsel to refrain from any further statements manifesting prejudice. Counsel complied, and the court later confirmed on the record that the instruction preserved fairness for all participants.
Ruby Rivera filed a federal constitutional challenge to a state licensing statute whose meaning was unsettled under state law. The federal district court determined that a state-court construction could eliminate or narrow the federal question. The court therefore refrained from deciding the constitutional claim and stayed the action pending resolution in state court.
Rajesh Rao, a member of Radiant Technologies LLC, negotiated a contract on behalf of a separate entity whose interests directly opposed those of the LLC. The other members sued, alleging breach of the duty of loyalty. The court held that Rao violated the obligation to refrain from dealing with the company on behalf of an adverse interest.
Rhapsody Entertainment LP discovered that its general partner had negotiated a contract on behalf of a separate entity whose interests directly opposed those of the partnership. The limited partners sued for breach of fiduciary duty. The court held that the general partner violated the obligation to refrain from dealing with the partnership on behalf of an adverse interest.
No. The traditional M'Naghten rule focuses on whether the defendant knew the nature and quality of the act or that it was wrong. An inability to control behavior or to refrain from committing the crime, standing alone, does not provide a defense.
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A promise to refrain from using adjacent land in a specified way survives merger when the court determines that the parties intended the promise to remain independent of the conveyance. The nature of the promise and the parties' intent control the analysis.
…S. 66 (1971), compels the conclusion that the District Court erred when it granted declaratory relief to Dr. Hallford instead of refraining from so doing. The court, of course, was correct in refusing to grant injunctive relief to the doctor. The reasons supportive of that action, however, are those expressed in Samuels v.…
…by its highest court in Falchetti v. Pennsylvania R. Co. , 307 Pa. 203; 160 A. 859, the only duty owed to the plaintiff was to refrain from wilful or wanton injury. The plaintiff denied that such is the Pennsylvania law.[^maj-24] In support of their respective contentions the parties discussed and cited many decisions of…
…and comity make the analysis strikingly similar to that appropriate when the question is whether federal courts should abstain from interference with ongoing state judicial proceedings.[^maj-5] In both situations federal courts are being requested to act in ways lacking deference to, and perhaps harmful to,…
…(3) that the Fourteenth Amendment incorporates the prohibitions of the Bill of Rights and applies them to the States. I cannot refrain from expressing my continued bafflement at my Brother BLACK'S insistence that due process, whether under the Fourteenth Amendment or the Fifth Amendment, does not embody a concept of…
…trade in developing and maintaining the goodwill of their customers will motivate them to make voluntary disclosures or to refrain from selling cars that do not comply with self-imposed standards. Those legislatures that do adopt affirmative disclosure obligations may take into account the cost of government…
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A judge must require lawyers to refrain from manifesting bias or prejudice based on race, sex, gender, religion, national origin, or other listed attributes. The obligation applies to statements or conduct directed at parties, witnesses, lawyers, or others in the proceeding.
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A federal court must refrain when the claim turns on an unsettled question of state law whose resolution by state courts might avoid or narrow the federal constitutional question. The court abstains temporarily to permit the state courts to resolve the state-law issue first.
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The duty requires the member to refrain from dealing with the company in the conduct or winding up of its activities as or on behalf of a person having an interest adverse to the company. Violation occurs when the member acts for a competing or conflicting interest without proper authorization.
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