Legal Definitions - discontinuance

Discontinuance refers to the termination or cessation of something, particularly in two distinct legal contexts:

• 1. The voluntary termination of a lawsuit by the party who initiated it.

  In this sense, a discontinuance occurs when a plaintiff (the person or entity who filed the lawsuit) decides to withdraw their case from court before a final judgment is rendered. This action is entirely voluntary and effectively ends the legal proceedings initiated by that plaintiff.

  • Example 1: Personal Injury Claim
    A pedestrian files a lawsuit against a driver for injuries sustained in a minor car accident. After reviewing medical reports and consulting with their doctors, the pedestrian realizes their injuries are less severe than initially believed and decides that pursuing the lawsuit is no longer necessary or cost-effective. They can file a notice of discontinuance with the court, voluntarily ending their claim against the driver.
  • Example 2: Business Contract Dispute
    A small manufacturing company sues a supplier for failing to deliver raw materials on time, causing production delays. Before the trial begins, the two companies engage in mediation and successfully reach an out-of-court settlement agreement that resolves their dispute. To formally close the court case, the manufacturing company files a discontinuance.
  • Example 3: Property Dispute
    A homeowner sues their neighbor over a property line encroachment. During the discovery phase, the homeowner discovers old survey documents that clarify the boundary in the neighbor's favor. Recognizing the weakness of their case, the homeowner chooses to file a discontinuance, withdrawing their lawsuit.

• 2. The termination or disruption of a specific type of property ownership known as an "estate-tail."

  This is an older concept in property law. An estate-tail is a form of land ownership that restricts inheritance to a specific line of heirs, typically direct descendants, ensuring the property remains within a family for generations. A discontinuance happens when a person holding an estate-tail (a "tenant in tail") attempts to transfer the property in a way that grants a larger or different interest than they are legally entitled to, thereby breaking or suspending the intended line of inheritance.

  • Example 1: Ancestral Land Sale
    Imagine a large ancestral farm that, under an ancient deed, is designated as an estate-tail, meaning it must always pass down to the eldest son of each generation. If a current owner, who holds the farm under these restrictions, attempts to sell the entire property outright to a developer, granting the developer full, unrestricted ownership (known as a "fee simple"), this action would be a discontinuance. It attempts to break the established, limited chain of inheritance for the estate-tail.
  • Example 2: Long-Term Lease
    A historic manor house is held under an estate-tail, intended to pass exclusively through a specific family lineage. A current family member, who is the tenant in tail, decides to lease the manor to a corporation for 150 years. This lease term extends far beyond the tenant's own lifetime and attempts to grant rights to the corporation that exceed the tenant's limited power under the estate-tail, thus creating a discontinuance by disrupting the future inheritance.
  • Example 3: Attempted Gift Outside Lineage
    A valuable art collection is legally tied to an estate-tail, meaning it can only be inherited by direct bloodline descendants. The current holder of the collection, wishing to honor a close friend, attempts to legally gift the entire collection to that friend, granting them full and absolute ownership. Because this gift attempts to transfer a greater interest than the holder possesses under the estate-tail and diverts the property from the designated lineage, it would constitute a discontinuance.