Legal Definitions - avail

In legal contexts, the term avail refers to either the usefulness or advantage gained from something, or, when used in its plural form (avails), the profits or proceeds obtained from a transaction, especially a sale.

• Meaning 1: Use or Advantage

  This refers to the benefit, help, or effectiveness that something provides.

  • Example 1: A defendant's attorney presented a complex legal argument hoping to dismiss the charges, but the judge found it unconvincing. Ultimately, the elaborate argument was of no avail, and the trial proceeded.

    Explanation: Here, "of no avail" means the legal argument provided no advantage or benefit to the defendant; it was ineffective in achieving the desired outcome of dismissal.

  • Example 2: A homeowner spent weeks researching local zoning laws and preparing a detailed proposal to build an extension that exceeded standard height limits. Despite their thorough preparation, the planning committee denied the request. Their extensive efforts were ultimately of little avail.

    Explanation: In this instance, "of little avail" indicates that the homeowner's efforts and preparation had minimal or no positive effect or advantage in securing approval for their building plan.

• Meaning 2: Profits or Proceeds (Avails)

  When used in the plural, "avails" refers to the money, assets, or benefits received from a sale, investment, or other transaction.

  • Example 1: After a startup company was acquired by a larger corporation, the founders distributed the avails from the sale among the early investors and employees according to their equity agreements.

    Explanation: In this context, "avails" refers to the monetary proceeds or profits that the founders received directly from the sale of their company.

  • Example 2: A local government decided to sell a parcel of undeveloped land it owned to fund improvements to public parks. The city council stipulated that all the avails from the land sale must be exclusively dedicated to the park renovation project.

    Explanation: Here, "avails" signifies the total monetary profits or proceeds generated from the sale of the undeveloped land by the local government.