Also known as:adversarius · adversary · adversaries · adversely · adversus · adversarial · adverse possession · adversary proceeding
Written by attorneys · grounded in primary & secondary sources — see below
A condition, claim, or interest that is harmful or unfavorable to a party or position.
Sources & Authorities
How it applies
Common Examples
6
Adverse Claim Clouds Title
Aaron Adams contracted to buy land from Alice Atkins. A recorded lien from a prior owner remained unsatisfied. Aaron refused to close because the lien created an adverse claim that rendered title unmarketable. Alice could not cure the defect before the closing date.
Adverse Party Completes Record
During trial Ava Adebayo offered only selected pages from a deposition. Alan Ackerman, the adverse party, demanded introduction of additional pages that placed the excerpts in context. The court required the full relevant portions to be read.
Prior Statement to Adverse Counsel
Austin Abbott examined a witness about an earlier inconsistent statement. He did not show the writing to the witness. On request he disclosed its contents to Angela Acosta, counsel for the adverse party.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Former Associate Creates Adverse Interest
A lawyer left Aurora Biotech's firm. The firm later represented Apollo Energy in a matter materially adverse to a former client of the departed lawyer. No remaining lawyer possessed protected information, so the representation proceeded.
Adverse Use Supports Prescription
Aether Technologies used a strip of Arcadia Retail's land openly and continuously for access. The use was adverse to the owner's interest. After the statutory period the use ripened into a prescriptive easement.
Mutual Mistake Adversely Affects Party
Both parties assumed a parcel contained mineral rights when the contract was signed. The assumption proved false and materially reduced the parcel's value to the buyer. The adversely affected buyer voided the contract.
Common questions
Frequently Asked
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What renders title unmarketable due to an adverse claim?+
An unsatisfied lien or other recorded encumbrance that a prudent purchaser would not accept creates an adverse claim. The buyer may then refuse to close and seek rescission or damages.
Supporting sources
When may an adverse party demand additional deposition excerpts?+
When only part of a deposition is offered, the adverse party may require introduction of other parts needed for fairness. Any party may also introduce further portions.
Supporting sources
What must a party do when examining a witness about a prior statement before an adverse party's attorney?+
The examining party need not show the statement to the witness but must disclose its contents to the adverse party's attorney upon request.
Supporting sources
When may a firm represent a client with interests materially adverse to a former client's after a lawyer departs?+
The firm may proceed unless the matter is substantially related to the former representation and a remaining lawyer holds material confidential information.
Supporting sources
How does an adverse use support a prescriptive easement?+
A use that is adverse to the owner's interest, when open, notorious, exclusive, and continuous for the statutory period, creates a prescriptive servitude.
Supporting sources
When may the adversely affected party avoid a contract for mutual mistake?+
When both parties shared a mistake about a basic assumption that materially affects the exchange, the adversely affected party may void the contract unless that party bears the risk of the mistake.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…Baker v. Carr , 369 U. S. 186, 204 (1962), that insures that "the dispute sought to be adjudicated will be presented in an adversary context and in a form historically viewed as capable of judicial resolution," Flast v. Cohen , 392 U. S. 83, 101 (1968), and Sierra Club v. Morton , 405 U. S. 727, 732 (1972)? And…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational