Legal Definitions - available

In legal terms, "available" describes something that is legally valid, recognized, or permissible to be used or pursued within the framework of the law. It signifies that a particular right, claim, defense, or course of action exists and can be legitimately exercised or invoked.

• Example 1 (Defense): Imagine a situation where a person is being sued for failing to repay a loan. If they can prove that the original loan agreement was based on fraudulent misrepresentations by the lender, then fraud would be an available defense. This means the law recognizes fraud as a legitimate reason to invalidate a contract, allowing the defendant to present this argument to potentially avoid liability.

• Example 2 (Claim/Remedy): Consider a consumer who purchased a new appliance that stopped working within a week, despite being under warranty. The consumer would have an available claim for breach of warranty against the manufacturer or seller. This indicates that the law provides a legitimate basis for the consumer to seek a repair, replacement, or refund, as their rights under the warranty have been violated.

• Example 3 (Legal Action): Suppose a city council passes a new ordinance that significantly restricts free speech in public parks. A local advocacy group might determine that a lawsuit challenging the ordinance on constitutional grounds is an available legal action. This means the legal system provides a legitimate pathway for them to challenge the validity of the ordinance in court, arguing it violates protected constitutional rights.