Legal Definitions - defeasible

The term defeasible describes something (like an act, a right, an agreement, or a legal position) that is currently valid and in effect, but which can be legally undone, annulled, or avoided if certain conditions are met or specific actions are taken. It means that while something holds true for now, its continued existence or validity is not absolute and can be "defeated" or brought to an end.

Here are a few examples to illustrate this concept:

• Conditional Property Transfer: Imagine a wealthy donor gifts a historic building to a local preservation society, but with the explicit condition that the society must maintain the building's original architectural integrity. If the society later decides to demolish a significant portion of the building or alter its facade beyond recognition, the original gift could be considered defeasible. This means the donor, or their heirs, might have the legal right to reclaim the property because the condition of the gift was violated.

  This example demonstrates defeasible because the preservation society's ownership is valid and complete at the time of the gift, but it is not permanent. Its continued validity depends entirely on fulfilling the specified condition, and failure to do so can lead to the annulment of the transfer.

• VoidableContract: Consider a contract signed by an individual who was under severe duress, perhaps threatened into agreeing to unfavorable terms. While the contract appears valid on its face, the party who signed under duress has the legal option to challenge and cancel it. Such a contract is defeasible because, despite its initial appearance of validity, it can be legally undone or voided by the aggrieved party due to the circumstances surrounding its creation.

  Here, the contract is defeasible because one party has the power to annul it, making its enforceability conditional on that party's decision not to exercise their right to void it.

• Revocable Business License: A city government grants a restaurant a license to operate an outdoor dining patio, but the license includes conditions such as maintaining clear pedestrian access, adhering to noise ordinances, and passing regular health inspections. The restaurant's right to operate the patio is defeasible. If the restaurant repeatedly violates the noise ordinance or fails health inspections, the city can revoke the license, effectively annulling the restaurant's right to use the patio.

  This illustrates defeasible because the right to operate the patio is valid and active, but it is not absolute. It can be "defeated" or taken away if the restaurant fails to comply with the terms and conditions set forth by the licensing authority.