Difference between revisions of "Forfeiture"
Jump to navigation
Jump to search
(significant addition) |
Thornhiller (talk | contribs) m (Undeadened) |
||
| Line 1: | Line 1: | ||
| − | A forfeiture is a cancellation in contract law. Most commonly a forfeiture is a legal action whereby a contract purchaser following default loses all his interest in the property. | + | A '''forfeiture''' is a cancellation in contract [[law]]. Most commonly a forfeiture is a legal action whereby a [[contract]] purchaser following default loses all his interest in the [[property]]. |
In litigation forfeiture has a different meaning. Forfeiture in a trial is the failure to make the timely assertion of a right. This is contrasted with waiver, which is the intentional relinquishment or abandonment of a known right. This distinction is important, because a right that is waived is lost on appeal unless there is proof that the waiver was defective, but a right that is forfeited may be the subject of an assertion of plain error on appeal (for overturning the trial decision).<ref>''Sherron v. Mississippi'', 2006 Miss. App. LEXIS 832 (Ct. App. Nov. 7, 2006)</ref> | In litigation forfeiture has a different meaning. Forfeiture in a trial is the failure to make the timely assertion of a right. This is contrasted with waiver, which is the intentional relinquishment or abandonment of a known right. This distinction is important, because a right that is waived is lost on appeal unless there is proof that the waiver was defective, but a right that is forfeited may be the subject of an assertion of plain error on appeal (for overturning the trial decision).<ref>''Sherron v. Mississippi'', 2006 Miss. App. LEXIS 832 (Ct. App. Nov. 7, 2006)</ref> | ||
Revision as of 11:18, September 7, 2007
A forfeiture is a cancellation in contract law. Most commonly a forfeiture is a legal action whereby a contract purchaser following default loses all his interest in the property.
In litigation forfeiture has a different meaning. Forfeiture in a trial is the failure to make the timely assertion of a right. This is contrasted with waiver, which is the intentional relinquishment or abandonment of a known right. This distinction is important, because a right that is waived is lost on appeal unless there is proof that the waiver was defective, but a right that is forfeited may be the subject of an assertion of plain error on appeal (for overturning the trial decision).[1]
References
- ↑ Sherron v. Mississippi, 2006 Miss. App. LEXIS 832 (Ct. App. Nov. 7, 2006)