defeasanced

What is defeasanced? A clear definition with examples, FAQ and related legal terms.

Liable to defeasance; capable of being made void or forfeited.

defeasanced — Definition and meaning

(Adjective) Liable to defeasance; capable of being made void or forfeited.
• void

Key takeaways

  • Defeasanced means something can be made void.
  • It often relates to contracts or legal obligations.
  • A defeasance clause can cancel an agreement under certain conditions.

In plain English

Defeasanced refers to a situation where a legal obligation or agreement can be canceled or made void. This term often comes into play in contracts or legal documents, where certain conditions can lead to the cancellation of the agreement. It essentially means that the agreement isn't permanent and can be undone if specific criteria are met.

The importance of defeasanced

Understanding defeasance is important in U.S. law because it allows parties to a contract or agreement to have a way out under certain circumstances. This can protect individuals and businesses from being bound by unfavorable terms if conditions change, ensuring that legal obligations remain fair and just.

How defeasanced is applied

In practice, a defeasance clause is included in contracts to specify conditions under which the agreement can be voided. For example, if a borrower defaults on a loan, a bank may invoke the defeasance clause to terminate the loan agreement. This process typically involves notifying the involved parties and may require legal proceedings to enforce the cancellation.

Examples

1

Scenario: Maria signed a lease but lost her job unexpectedly.

Outcome: The lease may be defeasanced if it includes a clause for job loss.

2

Scenario: James took out a loan but failed to make payments.

Outcome: The lender can invoke the defeasance clause to void the loan agreement.

Frequently asked questions

What does defeasanced mean in legal terms?

Defeasanced means that a legal obligation or agreement can be canceled or made void under certain conditions.

Why is defeasance important in contracts?

Defeasance provides a way for parties to exit contracts if specific conditions are met, ensuring fairness.

How can a contract be defeasanced?

A contract can be defeasanced by invoking a specific clause that outlines the conditions for cancellation.

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Source: Wiktionary CC BY-SA 4.0

This page is provided for general informational purposes only and does not constitute legal advice. Laws change and definitions can vary by jurisdiction. Consult a licensed attorney for advice on your specific situation.

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