Also known as: derelicts · dereliction · derelictions · abandonment · dereliction of duty · neglect
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Personal property that an owner has forsaken with no intention of returning to claim it. The status arises when the owner manifests a complete and voluntary relinquishment of all rights in the item.
Personal property that an owner has forsaken with no intention of returning to claim it. The status arises when the owner manifests a complete and voluntary relinquishment of all rights in the item.
Select any source to read its text and confirm it supports the definition.
A person who has abandoned a legal or moral duty. The breach occurs when the individual fails to perform an obligation despite awareness of the responsibility.
Select any source to read its text and confirm it supports the definition.
A person who has abandoned a legal or moral duty. The breach occurs when the individual fails to perform an obligation despite awareness of the responsibility.
Each sense below has its own examples, sources, and questions.
Diego Duarte mixed a restricted pesticide into grain and carried the bucket toward the cattle pens. After taking several steps with the mixture, he dumped it in a waste pit. Because the overt act had already occurred, his later change of heart left the attempt intact under the governing rule.
Daphne Doyle loaded a timer to release a harmful mixture after she left the site. Before any further steps, she dismantled the device and notified authorities of her plan. The complete and voluntary renunciation supplied an affirmative defense to the attempt charge.
Destiny Davis operated a repair shop that became nonconforming after rezoning. After she discontinued the use for the statutory period, the city enforced the new zoning and eliminated the vested right.
David Dawson vacated the leased premises and stopped paying rent. The landlord accepted the inherent offer of surrender, terminated the lease, and held Dawson liable only for rent accrued before acceptance and any damage caused by the abandonment.
No. Once the defendant has crossed the line from preparation to an overt act with the required intent, subsequent abandonment supplies no defense.
The defense is available when the actor abandons the effort under circumstances manifesting a complete and voluntary renunciation of criminal purpose.
The vested right ends when the owner discontinues the use for the statutory period.
The landlord may accept the surrender and terminate the lease, leaving the tenant liable only for accrued rent and damage caused by the abandonment.
Dorothy Daniels left her newborn without support or contact for the statutory period. The court waived her consent to adoption after finding the abandonment demonstrated unfitness and that continued withholding of consent would harm the child's best interests.
Danielle Dixon missed a filing deadline because counsel's email notice was routed to spam. The court denied relief under Rule 60(b)(1) because prior warnings about the system made the neglect inexcusable.
Consent may be waived upon a showing of abandonment or desertion when withholding consent would be against the child's best interests.
The party must demonstrate that the neglect was excusable after considering the reason for the delay, control over the circumstances, and any prior warnings from the court.
…then pending, in cases of damage or wrong, happening without the privity or knowledge of the ship owner, and by the fault or neglect of the master or other persons on board; that the origin of this proceeding for limitation of liability is to be found in the general maritime law, differing from the English maritime law;…