Legal Definitions - gratuitous assignee

Gravamen refers to the most significant or essential part of a legal claim, grievance, or complaint. It is the core issue, the fundamental basis, or the central point upon which a legal action or argument rests.

• Example 1: Contract Dispute
  A small business owner sues a supplier for breach of contract. The supplier failed to deliver critical components on time, causing the business to miss a major production deadline and lose revenue. The gravamen of the lawsuit is the supplier's specific failure to meet the agreed-upon delivery schedule, which directly resulted in financial losses for the business.

  Explanation: While there might be other details, the supplier's failure to deliver on time is the central, most crucial element of the business owner's complaint. Without this specific breach, there would be no basis for the lawsuit.

• Example 2: Employment Discrimination
  An employee files a complaint with the Equal Employment Opportunity Commission (EEOC) alleging workplace discrimination. The employee claims they were repeatedly denied promotions despite superior qualifications, while less qualified colleagues of a different gender were promoted. The gravamen of the complaint is the employer's pattern of denying promotions based on gender, which constitutes discriminatory practice.

  Explanation: The core of the employee's grievance is not just a general feeling of unfairness, but the specific discriminatory acts of denying promotions due to gender. This forms the essential basis for their claim.

• Example 3: Public Nuisance
  A group of residents files a lawsuit against a local nightclub, alleging it is a public nuisance. They claim the club's excessively loud music, late-night disturbances, and increased litter in the neighborhood are significantly disrupting their peace and property values. The gravamen of their complaint is the club's consistent generation of noise and disorder that unreasonably interferes with the residents' enjoyment of their property and public spaces.

  Explanation: The central, most important aspect of the residents' legal action is the club's ongoing disruptive activities. All other details, such as specific dates or times, support this core claim of unreasonable interference.