Legal Definitions - give color

Give Color

In legal contexts, to "give color" means to acknowledge, either directly or indirectly, that an opposing party's argument or claim appears to have some validity or a plausible basis, even if you ultimately intend to challenge or refute it. It is an admission that, on the surface, the opponent's position seems credible, before you present your own explanation or defense that aims to overcome that initial appearance.

• Example 1: Contract Dispute

  Imagine a company, "TechSolutions," sues "GlobalSupplies" for breach of contract, claiming GlobalSupplies failed to deliver a crucial component by the agreed-upon date. GlobalSupplies might "give color" by admitting that the component was indeed delivered late, thereby acknowledging the apparent validity of TechSolutions' claim of a delayed delivery. However, GlobalSupplies would then immediately present its defense, perhaps arguing that the delay was caused by an unforeseen natural disaster, which is covered by a "force majeure" clause in their contract.

  Explanation: GlobalSupplies "gives color" by conceding the factual basis of the complaint (late delivery) before introducing a legal justification (force majeure) to avoid liability.

• Example 2: Property Boundary Dispute

  Consider a situation where Sarah sues her neighbor, Mark, alleging that a large oak tree on Mark's property has branches extending significantly over her yard, causing damage to her fence and blocking sunlight. Mark might "give color" by acknowledging that the tree's branches do indeed extend over Sarah's property. He would then follow this up by arguing that the branches are not actually causing any damage, or that Sarah has a legal responsibility to trim any portions of the tree that cross onto her property.

  Explanation: Mark "gives color" by admitting the factual premise of Sarah's complaint (encroaching branches) before presenting his defense against the claim of damage or his own legal interpretation of responsibility.

• Example 3: Employment Termination

  Suppose an employee, David, sues his former employer, "InnovateCorp," alleging wrongful termination based on age discrimination. InnovateCorp might "give color" by acknowledging that David was over 50 years old when he was terminated and that he was a member of a protected age group. InnovateCorp would then proceed to argue that David's termination was based purely on documented performance issues and not on his age, providing evidence of poor work reviews and missed targets.

  Explanation: InnovateCorp "gives color" by admitting facts that, on their face, could support a claim of discrimination (age, termination) before presenting its legitimate, non-discriminatory reasons for the termination.