Complete Defense - Law Dictionary Search Results
complete defense
Matched in: Term complete defense
defense
Matched in: Term defense
impossibility
to criminal liability based on the incompletion of an intended criminal act NOTE: Factual impossibility is not a complete defense and does allow prosecution for attempt or for another inchoate offense. For example, if the defendant constructed a … compare frustration, impracticability le·gal impossibility : impossibility based on or with reference to a law ;specif : a complete defense to criminal liability based on the commitment of acts that are not criminal or illegal NOTE: Legal impossibility
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holder in due course
holder in due course :the holder of a negotiable instrument that is complete and regular on its face and that is taken in good faith and for value without notice that … and for value without notice that it is overdue or has been dishonored or that there is any defense against it or claim to it by any party compare bona fide holder NOTE: A holder in due
frustration
compare cause, force majeure clause, impossibility, impracticability NOTE: In order for frustration to be used as a successful defense to a breach of contract claim, the reason for making the contract must have been contemplated or recognized … from performance even though performance is still possible if the reason for making the contract is partially or completely frustrated by a fortuitous event or by circumstances which are not the fault of either party called also
party
being litigated in an action that no judgment can be rendered without affecting or impairing those rights, no complete disposition of the action can be made without the party's joinder, and whose nonjoinder will result in the … that constitutes the plaintiff or defendant in an action ;also : one so involved in the prosecution or defense of a judicial or quasi-judicial proceeding as to be bound or substantially affected by the decision or judgment
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