Legal Definitions - adversary

An adversary refers to an opponent or a party that stands in opposition to another, particularly in a legal dispute or proceeding. In a legal context, an adversary is someone with conflicting interests who is on the opposite side of a case, negotiation, or argument.

Here are some examples illustrating the term:

• Example 1: A Personal Injury Lawsuit
  Imagine a scenario where a driver files a lawsuit against another driver, claiming negligence led to a car accident and significant injuries. In this situation, the driver who filed the lawsuit and the driver being sued are adversaries. Their respective legal teams are also adversaries, as they represent opposing interests in court, with one seeking compensation and the other defending against the claim.

• Example 2: A Contract Dispute Between Companies
  Consider two companies, Company A and Company B, that entered into a business contract. Company A believes Company B breached the contract by failing to deliver goods on time, causing financial losses. Company B, however, argues that the delay was due to unforeseen circumstances covered by a clause in the contract. In this dispute, Company A and Company B are adversaries, each presenting arguments and evidence to support their position and oppose the other's claims, whether in negotiation or formal litigation.

• Example 3: A Divorce Proceeding
  During a contested divorce, a husband and wife are unable to agree on the division of assets, child custody, or spousal support. Each spouse, represented by their own attorney, presents their desired outcomes and challenges the other's proposals. In this context, the husband and wife are adversaries, as their interests regarding the terms of the divorce are in opposition, requiring a court or mediator to help resolve their conflicting positions.