Legal Definitions - demurrant

A demurrant is the party in a lawsuit who files a demurrer.

To understand what a demurrant is, it's important to first understand a demurrer. A demurrer is a legal document filed with the court that argues that, even if all the facts presented by the opposing party are assumed to be true, those facts do not legally entitle the opposing party to the relief they are seeking. In essence, the demurrant is saying, "What you've described doesn't amount to a valid legal case or defense, even if we take your version of events as fact."

Here are some examples to illustrate this concept:

• Example 1: Challenging a Contract Claim

  Imagine a situation where a plaintiff sues a defendant for breach of contract, claiming the defendant failed to deliver a specific item. However, the plaintiff's complaint merely states that the defendant "promised" the item but fails to include any details about the formation of a legally binding contract, such as an offer, acceptance, or consideration. The defendant, acting as the demurrant, could file a demurrer. They would argue that even if it's true they didn't deliver the item, the plaintiff's complaint doesn't legally establish that a valid contract ever existed, which is a fundamental requirement for a breach of contract claim to proceed.

• Example 2: Disputing a Personal Injury Allegation

  Consider a person who files a lawsuit against their neighbor, claiming the neighbor's "general unpleasantness" caused them emotional distress. The complaint details various annoying behaviors but does not allege any specific legally recognized harm, such as negligence, intentional infliction of emotional distress, or defamation. The neighbor, as the demurrant, could file a demurrer. They would contend that even if all the alleged "unpleasant" behaviors are true, these actions, as described, do not constitute a recognized legal cause of action for which a court can grant compensation or other relief.

• Example 3: Responding to an Employment Termination Suit

  Suppose an employee sues their former employer, claiming they were fired "unfairly." The employee's complaint describes their termination as unjust but does not allege any specific legal grounds for wrongful termination, such as discrimination based on a protected characteristic (e.g., race, gender), retaliation for whistleblowing, or a breach of an employment contract. If the state is an "at-will" employment state, meaning employers can generally fire employees for any non-discriminatory reason, the employer could act as the demurrant. They would file a demurrer, arguing that even if the employee's account of being fired "unfairly" is taken as true, the facts presented do not legally overcome the presumption of at-will employment and therefore do not state a valid claim for wrongful termination.