Also known as: dissents · dissented · dissenting · dissentiente · dissenting opinion
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A manifestation by the principal or the agent to the other of disagreement with the continuance of the agency relationship. The manifestation terminates the agent's authority when communicated.
A manifestation by the principal or the agent to the other of disagreement with the continuance of the agency relationship. The manifestation terminates the agent's authority when communicated.
Select any source to read its text and confirm it supports the definition.
A written statement by one or more judges expressing disagreement with the decision reached by the majority of the court.
Select any source to read its text and confirm it supports the definition.
A written statement by one or more judges expressing disagreement with the decision reached by the majority of the court.
Each sense below has its own examples, sources, and questions.
Danielle Dixon emailed her dispatcher that she was no longer to sign any freight contracts. The dispatcher received the message yet signed a load confirmation two days later. The manifestation of dissent ended the dispatcher's authority upon receipt.
Daphne Doyle sent her marketer an electronic message discontinuing the referral arrangement after a compensation dispute. The marketer received the message but continued signing engagement letters for three weeks. Receipt of the dissent terminated actual authority even though the firm later accepted referred clients.
The principal terminates authority by manifesting disagreement with its continuance directly to the agent. Receipt of the communication completes the termination even if the agent subjectively misunderstands its scope.
Supporting sources
No. Subsequent acceptance of benefits or failure to object does not reinstate actual authority once the principal has manifested dissent to the agent. Separate doctrines such as ratification or apparent authority may apply to third parties.
Supporting sources
Yes. Recording dissent in the minutes or delivering written notice of dissent or abstention before adjournment shields the director from liability for the action taken.
Supporting sources
Denise Donovan owned a historic terminal and sought to build above it. The majority upheld the city's restrictions as valid regulation. A dissenting justice wrote that the restrictions functioned as an uncompensated appropriation of air rights.
Diana Delgado challenged a state ban on same-sex marriage. The majority recognized a fundamental right to marry. A dissenting justice argued that the Constitution left the issue to ongoing public debate rather than judicial resolution.
Dolores Diaz published an advertisement criticizing public officials. The majority required actual malice for recovery. A dissenting justice maintained that the common-law rules adequately protected reputation without the new constitutional overlay.
Delilah Duran sought to terminate her pregnancy under state criminal statutes. The majority recognized a privacy right protecting the choice. A separate opinion concurred in the result but dissented from portions of the trimester framework.
A dissenting opinion expresses disagreement with the result or reasoning adopted by the majority of the court. It does not bind lower courts but may influence future development of the law.
Supporting sources
…Blackmun delivered the opinion of the Court. Mr. Justice Stewart filed a concurring opinion. Mr. Justice Rehnquist filed a dissenting opinion. (Concurring and dissenting opinions of other Justices referenced but not reproduced in this text.) Majority opinion Opinion of the Court by Justice Blackmun This Texas federal…