Also known as: allocations · allotment · allotments · allottee · allottees · allowability · allowable · allowables · allowance · allowances · allot · allotted
Written by attorneys · grounded in primary & secondary sources — see below
The assignment of portions of a whole to particular recipients or uses according to legal rules or agreements. The assignment determines rights to payments, costs, or benefits when multiple parties or claims compete for limited resources.
Avalon Pharmaceuticals delivered non-conforming chemicals to Alpine Mining. Alpine rejected the shipment. Avalon had reasonable grounds to believe the tender would be acceptable and promptly notified Alpine of its intent to cure. The court allowed Avalon additional time to substitute conforming goods, allocating the cure period to Avalon under the governing rule.
Before their marriage, Adam Anderson and Aisha Ahmed signed a written agreement waiving Aisha's rights to homestead allowance and elective share. After Adam's death, Aisha sought to claim the allowance. The court enforced the waiver, allocating no homestead or elective share rights to Aisha.
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Andre Antoine created a revocable trust holding substantial assets. After his death, creditors filed claims exceeding the probate estate. The court allocated trust property to satisfy the creditors' claims and administration costs because the probate estate proved inadequate.
Apex Dynamics's delivery truck damaged Arthur Abrams's equipment. The court calculated damages as the difference in value before and after the harm. At Arthur's election, the court allocated repair costs instead, adjusting for any post-repair value difference.
Anthony Arnold's will left the family home to his surviving spouse. The home carried a constitutional homestead right. The court allocated the homestead value against the statutory homestead allowance, reducing the cash distribution the spouse received from the estate.
Austin Abbott provoked a confrontation that led to a battery by Astra Aerospace's employee. The court awarded compensatory damages without reduction for the provocation. It allocated the provocation solely to the calculation of punitive damages, leaving the compensatory award intact.
A constitutional homestead right received by a surviving spouse is charged against the statutory homestead allowance to the extent the home forms part of the decedent's estate. This prevents double recovery of the same asset value.
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A seller receives further reasonable time to substitute a conforming tender when the buyer rejects a non-conforming delivery that the seller had reasonable grounds to believe would be acceptable. The seller must seasonably notify the buyer of the intent to cure.
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Provocation by the injured person does not diminish compensatory damages. It is considered only when determining the allowance and amount of punitive damages.
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…reliance upon the criminal law." Bantam Books, Inc., v. Sullivan, 372 U. S. 58, 70. The state rule of law is not saved by its allowance of the defense of truth. A defense for erroneous statements honestly made is no less essential here than was the requirement of proof of guilty knowledge which, in Smith v. California, 361…