Also known as: detriments · detrimental · detriment to the promisee
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Loss or harm suffered by a person resulting from any cause.
Relinquishment of a legal right that the promisee would otherwise have been entitled to exercise.
Loss or harm suffered by a person resulting from any cause.
Select any source to read its text and confirm it supports the definition.
Relinquishment of a legal right that the promisee would otherwise have been entitled to exercise.
Select any source to read its text and confirm it supports the definition.
Each sense below has its own examples, sources, and questions.
North Point's agent drove a metal stake into the asphalt of Harbor Supply's leased loading dock. Water pooled around the stake and produced visible cracking in the paved surface. Harbor Supply suffered physical harm to its land in addition to the invasion of its possessory interest.
West Coast Hotel paid its female employees wages below the state minimum. The low pay produced conditions of labor that the legislature found detrimental to the workers' health and morals. The statute therefore imposed a floor on compensation to eliminate that detriment.
The Calverts entered a surrogacy contract with Johnson under which she would carry and relinquish the child. The arrangement was evaluated to determine whether enforcement would be substantially detrimental to the interests of the child or any party. The court weighed the psychological and relational effects on the child before assigning parentage.
No. Harm includes any loss or detriment in fact of any kind. Physical harm is merely one subset that involves impairment of the body or of land or chattels. Economic loss and emotional detriment also qualify as harm once an invasion of a protected interest has occurred.
Supporting sources
Yes. Under the Uniform Parentage Act a court may decline to recognize parentage when failure to do so would be detrimental to the child. The inquiry focuses on harm from removal from a stable placement and does not require proof that any party is unfit.
Supporting sources
Red Owl repeatedly assured Hoffman that a franchise would be granted for $18,000. Hoffman sold his existing grocery store and paid $1,000 toward a building lot in reliance on those assurances. The change in position left Hoffman with a clear detriment when Red Owl later raised the required investment.
Reporters promised Cohen anonymity in exchange for documents exposing a political figure. Cohen provided the documents in reliance on the promise. Publication of his name led directly to the loss of his employment.
Plaintiff lived with defendant for over a decade under his assurance that they were married and would share all property. She performed household duties, raised their children, and managed the home without compensation. The years of uncompensated effort constituted a detriment when the relationship ended without formal marriage.
No. Legal detriment exists whenever the promisee gives up a legal right it would otherwise have been free to exercise, even if the promisee receives a net benefit or suffers no financial injury. Forbearance from a lawful activity at the promisor's request supplies consideration regardless of economic impact on the promisee.
Supporting sources
A promise that the promisor reasonably expects to induce definite action or forbearance becomes binding if the promisee actually relies to its detriment and injustice can be avoided only by enforcement. The reliance must be reasonable and produce a change of position that leaves the promisee worse off if the promise is not kept.
Supporting sources
…capable of doing so and fully understand all the risks involved, and that the surrogacy arrangement would not be substantially detrimental to the interests of any individual. Moreover, by requiring judicial approval, the model act would significantly discourage the rapid expansion of commercial surrogacy brokerage and the…