Legal Definitions - repugnant

In legal terms, something is described as repugnant when it is fundamentally inconsistent, contradictory, or irreconcilable with something else. This means that two things are so much at odds that they cannot logically coexist or both be true at the same time; one directly undermines or opposes the other.

• Example 1: Contractual Conflict

  Imagine a business contract for a software development project. One section of the contract clearly states that the software company retains all intellectual property rights to the code developed. However, another section in the very same contract grants the client exclusive ownership of all deliverables, including the source code. These two clauses are repugnant to each other because they create a direct and irreconcilable conflict regarding who owns the intellectual property. A court would need to interpret the contract to resolve this fundamental inconsistency, as both provisions cannot be enforced simultaneously.

• Example 2: Legislative Inconsistency

  Consider a state law that mandates all public schools must provide a minimum of 180 instructional days per academic year. Subsequently, a local school district passes a new policy stating that its schools will operate on a 160-day schedule to allow for extended teacher training. The local school district's policy is repugnant to the state law. The local policy directly contradicts the higher authority's requirement, making it invalid because it cannot stand alongside the state's clear mandate.

• Example 3: Testamentary Contradiction (Wills)

  Suppose a person's last will and testament includes a provision that leaves their entire rare coin collection to their niece. However, a later clause in the same will states that all personal property not specifically bequeathed elsewhere should be sold, and the proceeds donated to a specific charity. These two provisions are repugnant. It is impossible to both give the entire coin collection to the niece and simultaneously sell it as part of the general personal property for charity. A court would have to determine the testator's true intent to resolve this direct contradiction.