Legal Definitions - demurrable

Demurrable describes a legal document, such as a complaint filed by a plaintiff or a defense presented by a defendant, that is vulnerable to a specific type of legal challenge called a "demurrer." When a document is demurrable, it means that even if all the facts stated within it are assumed to be true, it still fails to establish a valid legal claim or defense under the law. In essence, it is legally insufficient on its face and can be dismissed by a court without needing to proceed to a full trial.

Here are some examples to illustrate this concept:

• Example 1: Insufficient Complaint

  Imagine a person files a lawsuit against their neighbor, claiming the neighbor "has bad vibes" and that these vibes are causing them emotional distress. The complaint details various instances of the neighbor's "bad vibes" but does not allege any specific harm or action that is recognized as illegal under existing laws (like trespass, nuisance, or defamation). In this scenario, the neighbor's attorney could argue that the complaint is demurrable.

  Explanation: Even if the court assumes the neighbor genuinely has "bad vibes" as described, "bad vibes" are not a legally recognized cause of action that entitles the plaintiff to compensation or relief. The complaint fails to state a claim upon which relief can be granted, making it legally insufficient.

• Example 2: Missing Essential Contract Elements

  A small business owner sues a supplier for breach of contract, alleging that the supplier failed to deliver goods as promised. However, the lawsuit's complaint does not include a copy of the alleged contract, nor does it describe the essential terms of the agreement, such as what goods were promised, the agreed-upon price, or the delivery date. The complaint simply states, "The supplier broke our deal." The supplier's attorney could argue that this complaint is demurrable.

  Explanation: To prove a breach of contract, a plaintiff must typically show that a valid contract existed and what its terms were. Without these fundamental details, even if the court takes the plaintiff's general assertion of a "broken deal" as true, there isn't enough information to establish a legally enforceable contract or its breach. The complaint is legally incomplete.

• Example 3: Inadequate Legal Defense

  A bank sues a borrower for defaulting on a loan. In response, the borrower files a defense document stating only, "I shouldn't have to pay because I'm having a tough year financially." The bank's legal team could argue that this defense is demurrable.

  Explanation: While the borrower's financial hardship is understandable, it is not a legally recognized defense against a valid loan agreement. A legally sufficient defense would need to argue, for example, that the loan agreement was invalid, the debt was already paid, or the statute of limitations has expired. Since the stated defense offers no legal reason to avoid payment, it is legally insufficient and thus demurrable.