Legal Definitions - brake

In a legal context, a brake refers to a significant impediment, restraint, or coercive force that severely limits a party's actions, choices, or legal rights. It describes a legal rule, a procedural hurdle, or an external pressure that restricts options or compels a specific outcome, often to an oppressive degree.

• Example 1: Procedural Obstacle

  A small, independent inventor discovers that a large multinational corporation has infringed upon their patented technology. While the inventor has a strong legal claim, the prohibitive cost of litigation, including extensive discovery, expert witness fees, and prolonged court battles, acts as a significant brake. This financial burden severely restricts their ability to pursue justice effectively, forcing them to consider settling for less than their claim is worth or abandoning the case entirely due to the overwhelming expense.

• Example 2: Coercive Pressure in Negotiations

  During a critical contract negotiation between a supplier and a manufacturer, the manufacturer, who is the sole buyer of the supplier's specialized component, threatens to immediately terminate all existing contracts if the supplier does not agree to a drastic price reduction. This ultimatum, which would bankrupt the supplier, functions as a powerful brake on the supplier's bargaining position. It coerces the supplier into potentially accepting an unprofitable deal to avoid immediate financial ruin.

• Example 3: Regulatory Constraint

  A newly enacted environmental regulation imposes extremely stringent and costly compliance requirements on all businesses operating within a specific industrial zone, such as mandatory installation of expensive new filtration systems and continuous monitoring. For smaller, local businesses in that zone, these requirements act as a significant brake on their ability to continue operations. The increased capital investment and ongoing operational costs make it financially unfeasible for them to comply, effectively forcing many to close down or relocate.