Legal Definitions - act of the party

The term act of the party refers to a voluntary action or decision made by an individual or entity that has legal consequences. These actions are taken by choice, rather than being imposed by law or occurring automatically. Such acts can create, modify, or terminate legal rights, duties, or relationships. It emphasizes that the legal effect stems directly from the conscious choice and conduct of the person or group involved.

• Example 1: Signing a Lease Agreement
  Imagine a person searching for an apartment who finds one they like. They then sign a lease agreement with the landlord.

  How it illustrates the term: By voluntarily signing the lease, the prospective tenant (the "party") performs an "act of the party." This conscious decision creates a legally binding contract, establishing specific rights (such as the right to occupy the apartment) and obligations (such as paying rent) for both the tenant and the landlord. The legal relationship and its terms arise directly from this chosen action.

• Example 2: Creating a Last Will and Testament
  Consider an individual who decides to draft and properly execute a Last Will and Testament, specifying how their assets should be distributed among their family and charities after their death.

  How it illustrates the term: The creation and execution of the will is an "act of the party." Through this voluntary act, the individual dictates the legal disposition of their property. This chosen action ensures their wishes are legally enforced upon their passing, rather than having their assets distributed according to default state intestacy laws, which would occur without such an act.

• Example 3: Granting a Power of Attorney
  Suppose an elderly person, while still mentally capable, signs a document granting their adult child a durable power of attorney, allowing the child to make financial and medical decisions on their behalf should they become incapacitated in the future.

  How it illustrates the term: The act of signing and executing the power of attorney is an "act of the party." This voluntary decision legally empowers the child to act as an agent, creating a specific legal relationship and transferring decision-making authority that would not exist without the elderly person's deliberate action.