Also known as: dedi · deditio · dediticii · dedititii · dediticius · surrender
Written by attorneys · grounded in primary & secondary sources — see below
A surrender of something, such as property.
Select any source to read its text and confirm it supports the definition.
Danielle Dixon asserted a contract claim against Dawson Steel but later realized the underlying facts made the claim invalid. She surrendered the claim in exchange for a payment from Dawson Steel. Because the claim was not doubtful and Danielle did not believe it might be valid, the surrender supplied no consideration for the payment.
Darrell Duncan leased space from Delta Dynamics under a covenant to maintain and surrender the premises in good condition. A fire destroyed the building. Darrell surrendered the premises without rebuilding. The lease contained no express rebuild obligation, so the surrender did not impose liability for reconstruction costs.
Doris Duffy abandoned her leased warehouse. Dakota Industries accepted the surrender inherent in the abandonment and terminated the lease. Doris remained liable only for rent accrued before acceptance and any damage caused by the abandonment.
Diane Dawson held equipment belonging to Diamond Manufacturing after the bailment ended. She refused to surrender the chattel despite a proper demand. The refusal constituted conversion.
Darius Dixon held a promissory note from Dolores Diaz. He surrendered the note to her with the manifested intention to discharge the debt. The surrender discharged the duty without consideration.
A mortgagor surrendered possession of the mortgaged property to the mortgagee after default. The surrender transferred control consistent with the mortgage terms.
Dedition requires a manifested intention to surrender the item or right. The act must be voluntary and communicated to the recipient.
Supporting sources
No. Surrender of a claim that proves invalid supplies no consideration unless the claim was doubtful or the surrendering party believed it might be valid.
Acceptance terminates the lease. The tenant remains liable only for accrued rent and damage caused by the abandonment.
Dedition discharges the duty when the obligee surrenders the writing with the manifested intention to discharge it.
…who were not required to acquire interests in Greyhound in order to hold their positions, did not by acquiring those interests surrender their right to be brought to judgment only in States with which they had had "minimum contacts." The Due Process Clause "does not contemplate that a state may make binding a judgment .…