Abandonment - Definition - Law Dictionary Home Dictionary Definition abandonment

Definition :

Abandonment [fr. Abandonner, Fr.], the relinquish-ment of an interest or claim.

Means the relinquishing of a right or interest with the intention of never again claiming it. In the context of contracts of the sale of land, courts sometimes use the term abandonment as if it were synonymous with rescission, but the two should be distinguished. An abandonment is merely the acceptance by one party of the situation that a non-performing party has caused. But rescission due to a material breach by the other party is termination or discharge of the contract for all purposes., Black Law Dictionary, 7th Edn., p. 1.

The relinquishment by an assured person to the assurers of his right to what saved out of a wreck, when the thing insured has, by some of the usual perils of the sea, become practically valueless. Upon abandonment, the assured is entitled to call upon the assurers to pay the full amount of the insurance, as in the case of a total loss. The loss is in such case called a 'constructive total loss' (English) Marine Insurance Act, 1906 (6 Edw. 7, c. 41), s. 60; no abandonment is necessary where there is nothing which, on abandonment, can pass to or be of value to the underwriters, Rankin v. Potter, (1873) LR 6 HL 83.

The abandonment of a sunken ship frees the owner from responsibility: See The Snark, 1900, P. 105, where there was no abandonment of a barge sunk in the Thames, and therefore no freedom from responsibility.

Also the surrender of his property by a debtor for the benefit of his creditors.

The Civil Law permitted a master who was sued for his slave's tort, or the owner of an animal who was sued for an injury done by it, to abandon the slave or animal to the person injured, and thus relieve himself from further liability.

As to abandonment of a building contract, see Sumpter v. Hedges, (1898) 1 QB 673, and Hudson on Building Contracts, 6th Edn., 1933. As to abandonment of proceedings, see. R.S.C., Ord. XXVI, and Fox v. Star Newspaper Co., 1900 AC 19; as to abandoned mines, see the (English) Metalliferous Mines Regulation Act, 1872, ss. 12-14; the (English) Coal Mines Act, 1911, ss. 19, 21, 22; see also the (English) Petroleum (Production) Act, 1934 (24 & 25 Geo 5,

c 36), s. 7; and as to abandoned canals, see (English) Railway and Canal Traffic Act, 1888, s. 45; also CHILDREN; RAILWAYS; DISCONTINUANCE.