Legal Definitions - availment

Availment refers to the act of making use of or taking advantage of an opportunity, right, or resource that is available to someone.

• Example 1 (Healthcare Benefits): A retired individual, after experiencing a sudden illness, decides to undergo a necessary medical procedure. Their *availment* of Medicare benefits covers a substantial portion of the hospital bills and doctor's fees.

  Explanation: This illustrates availment because the individual is actively utilizing the healthcare benefits provided by a government program (Medicare) to receive medical care and reduce their personal financial burden.

• Example 2 (Contractual Rights): A software company enters into a service agreement with a client that includes a clause allowing either party to terminate the contract early with 60 days' notice. When the software company decides to end the agreement due to a change in strategic direction, their formal notification to the client represents an *availment* of the early termination clause.

  Explanation: Here, availment means the software company is exercising a specific right granted to them by the terms of the contract to end the agreement under predefined conditions.

• Example 3 (Consumer Protection): A customer purchases a new appliance that comes with a 30-day money-back guarantee. If the customer finds the appliance unsatisfactory within that period and returns it for a full refund, this action constitutes an *availment* of the store's return policy.

  Explanation: This demonstrates availment as the customer is taking advantage of a pre-existing right (the money-back guarantee) offered by the seller to receive a benefit (a refund) when they are not satisfied with the product.