Glossary Archive

Deed Restriction Enforcement Deed restriction enforcement refers to the legal process of ensuring compliance with specific limitations or conditions imposed on a property as outlined in its deed. These restrictions can dictate how the property can be used, what alterations can be made, or even who can own it. Deed restrictions, also known as restrictive...

Defamation Case A defamation case involves a legal dispute in which one party (the plaintiff) claims that another party (the defendant) has made false statements that damage the plaintiff's reputation. Defamation can take two main forms: libel (written statements) and slander (spoken statements). In order to succeed in a defamation case, the plaintiff generally must...

Defamation Defamation is a false statement that injures a person's reputation. It can manifest in two primary forms: libel and slander. Libel refers to defamation that occurs in written or published form, such as in newspapers, books, or online articles. For example, if a newspaper publishes an untrue story about a business owner committing fraud,...

Default in Arbitration A default in arbitration occurs when a party to an arbitration agreement fails to participate in the arbitration process as required. This may include not responding to notices, failing to appear at hearings, or not complying with procedural rules set forth by the arbitrator or arbitration institution. In detail, when parties enter...

Default Interest Clause A Default Interest Clause is a provision within a loan agreement or contract that specifies the interest rate that will apply if the borrower defaults on the loan. This clause is designed to protect the lender by allowing them to charge a higher interest rate once the borrower has failed to make...

Default Judgment A default judgment is a binding court decision rendered in favor of one party when the opposing party fails to respond to a legal complaint or fails to appear in court. This type of judgment can occur in civil cases, including matters related to contracts, debts, and other disputes. When a plaintiff files...

Default Judgment in Lease Disputes A default judgment is a court ruling in favor of one party due to the failure of the other party to respond or appear in court. In the context of lease disputes, a default judgment typically occurs when a tenant does not respond to a legal complaint filed by a...

Default Mitigation Clause in Commercial Leases A Default Mitigation Clause in commercial leases is a provision that outlines the landlord's obligations to mitigate damages in the event of a tenant's default. This clause is designed to prevent landlords from passively allowing losses to accumulate when a tenant breaches the lease agreement, such as by failing...

Defeasance Agreement A Defeasance Agreement is a legal contract commonly used in finance and real estate transactions that allows a borrower to satisfy or discharge a debt by substituting a portfolio of securities, typically government bonds, for the collateral that secures the debt. This agreement effectively releases the borrower from their obligation while ensuring that...

Defense Pleadings General Overview Defense pleadings are legal documents submitted by a defendant in response to a complaint or petition in a civil lawsuit. These documents articulate the defendant's arguments, defenses, and any counterclaims against the plaintiff's allegations. The primary purpose of defense pleadings is to inform the court and the opposing party of the...