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Simple English definitions for legal terms
without recourse
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A quick definition of without recourse:
Without recourse means that one person cannot legally make a claim against another person. This can happen in two ways. First, in a lawsuit, someone without recourse cannot sue another person or may not get any help even if they do sue. Second, in financial transactions, "without recourse" means that the person who signs a check takes no responsibility if the check bounces. This means that the bank cannot take money from the person who signed the check if it bounces.
A more thorough explanation:
Definition: Without recourse is a phrase used to indicate that one party has no legal claim against another party. It is commonly used in two contexts:
- Litigation: When someone is without recourse against another party, they cannot sue that party or cannot obtain adequate relief even if a lawsuit moves forward. If someone is completely without recourse, they cannot sue anyone for an alleged injury, or cannot obtain any relief even if lawsuits are filed.
- Financial Transactions: The words "without recourse" disclaim any liability to the subsequent holder of a financial instrument. For example, endorsing a check and adding "without recourse" to the signature means that the endorser takes no responsibility if the check bounces for insufficient funds. If the bank accepts such a check and deposits the stated amount in the endorser's account, the bank will have no right to withdraw that amount from the endorser's account.
Examples:
- Example 1: In a lawsuit, if a plaintiff is without recourse against a defendant, it means that the plaintiff cannot sue the defendant or cannot obtain any relief even if a lawsuit moves forward.
- Example 2: If a person endorses a check and adds "without recourse" to the signature, it means that the endorser takes no responsibility if the check bounces for insufficient funds. The bank will have no right to withdraw that amount from the endorser's account.
The examples illustrate how the phrase "without recourse" is used in different contexts. In litigation, it means that one party cannot sue another party or cannot obtain any relief even if a lawsuit moves forward. In financial transactions, it means that the endorser takes no responsibility if the check bounces for insufficient funds, and the bank will have no right to withdraw that amount from the endorser's account.