Also known as: refusals · rejection · denial
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
An offeree's rejection or counter-offer that terminates the offeror's power of acceptance.
An offeree's rejection or counter-offer that terminates the offeror's power of acceptance.
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A person's refusal to release another from confinement when under a duty to do so, constituting false imprisonment.
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A disclaimant's refusal to accept an interest in or power over property.
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A person's refusal to release another from confinement when under a duty to do so, constituting false imprisonment.
A disclaimant's refusal to accept an interest in or power over property.
Each sense below has its own examples, sources, and questions.
Roger Ramirez offers to sell his warehouse to Redline Automotive for $1.2 million. Redline responds that it will pay only $900,000. Roger treats the response as ending negotiations and sells the property to another buyer at full price. Redline later claims a contract existed. The court holds that Redline's response terminated Roger's power of acceptance.
Rosa Ruiz moves from State A to State B and applies for welfare benefits. State B refuses the application solely because Ruiz has not resided in the state for one year. Ruiz challenges the denial as violating her right to travel. The court strikes down the residency rule because the state's refusal to provide benefits deters interstate migration.
Raven Logistics seeks a zoning change for a single parcel to build a distribution center. The city council refuses the request because the change would constitute spot zoning inconsistent with the comprehensive plan. Raven sues, arguing the refusal lacks a legitimate public purpose. The court upholds the denial as a proper exercise of zoning authority.
Rajesh Rao files a complaint containing multiple claims arising from separate transactions. The court refuses to accept a single combined pleading. To comply with pleading rules, Rao states each claim in a separately numbered count. The court accepts the complaint because the separate counts promote clarity.
A counter-offer rejects the original offer and terminates the offeree's power of acceptance. An inquiry about different terms does not reject the offer and leaves the power of acceptance intact.
Supporting sources
No. Such requirements violate the constitutional right to travel and equal protection because they deter migration of indigent persons.
Supporting sources
A zoning change is invalid when it benefits a single parcel or small area in a manner inconsistent with the comprehensive plan and lacks a legitimate public purpose.
Supporting sources
Ryan Roberts locks Roland Rhodes in a storage room after an argument and then refuses to unlock the door despite Rhodes's repeated requests for release. Rhodes suffers panic and dehydration before escaping hours later through a window. Rhodes sues Roberts for false imprisonment. The refusal while under a duty to release supplies the act of confinement.
The plaintiff must show the defendant was under a duty to release the plaintiff or provide a means of escape and intentionally refused to do so.
Supporting sources
Raphael Rivera learns he is sole heir to his uncle's ranch. To avoid estate taxes and creditor claims, Rivera executes a written disclaimer refusing the entire interest. The probate court treats the disclaimer as effective, passing the ranch directly to the alternate beneficiaries named in the will.
No. A disclaimer is effective upon proper execution and delivery. It requires no consideration and operates as a refusal to accept the interest.
Supporting sources
…not obtain. Mr. Lee read the affidavit of Dennis Ramsay and the printed journals of the Senate of 31 January 1803 respecting the refusal to give the requested information. He then called Jacob Wagner and Daniel Brent, summoned to attend but understood to have declined giving voluntary affidavits. They objected to being…