Also known as: reinstates · reinstated · reinstating · reinstatement
Written by attorneys · grounded in primary & secondary sources — see below
To restore a party to a prior legal status, obligation, or position. The act returns the party to the rights or duties that existed before a default, repudiation, termination, or judgment.
Roland Rhodes missed two payments on his mortgage to Rising Sun Electronics. He overnighted a check for the exact arrears plus fees on Monday. The lender posted a foreclosure notice on Tuesday. Because the tender occurred before written notice of acceleration reached him, the mortgage obligation returned to its pre-default terms and foreclosure was barred.
Ricardo Rojas told buyer Rocky Mountain Mining he would not deliver the promised equipment. Two weeks later he sent written assurance that delivery would occur on schedule and offered compensation for the delay. The retraction restored Rojas's rights under the contract, subject only to the buyer's excuse for the interim uncertainty.
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Rosa Ruiz and Ryan Roberts orally agreed to drop a delivery deadline in their written supply contract. Relying on the change, Roberts invested in new equipment. When Ruiz later sought to enforce the original deadline under the statute of frauds, the court refused because reinstatement of the written term would be unjust after the material change in position.
Roberto Reyes obtained a final judgment dismissing his federal claim. Congress then passed a statute directing courts to reopen and decide such cases anew. The court refused to reinstate the action, holding that legislative direction to reopen final judgments violates separation of powers.
Raymond Ramos lost his constitutional challenge at trial. The intermediate appellate court reversed. The state supreme court later reinstated the trial court's original judgment after finding the appellate decision had misapplied precedent.
Royal Crest Hotels was convicted on the basis of an out-of-court statement. The state supreme court held the statement bore sufficient indicia of reliability. After the U.S. Supreme Court reversed that reliability test, the state court reinstated the conviction on alternative grounds.
A mortgagor may cure before acceleration becomes effective by tendering the amount then owing or performing the missed duty. Once acceleration is effective, cure generally requires payment of the full accelerated balance unless an exception applies.
Retraction restores the repudiating party's rights under the contract, provided the aggrieved party receives due excuse and allowance for any delay caused by the repudiation.
An oral modification is enforceable if reinstatement of the original written terms would be unjust because one party materially changed position in reliance on the modification.
Congress may not require federal courts to reopen and reinstate cases after final judgment. Doing so violates separation of powers.
…trial court agreed to admit the statement, and the jury convicted. The State Court of Appeals reversed. The State Supreme Court reinstated the conviction, concluding that the statement did not violate the Confrontation Clause because it bore “particularized guarantees of trustworthiness.” Held: The State’s use of…