Also known as:excuses · excused · excusing · excusable · excusatio · excusator · legal excuse · excuse defense
Written by attorneys · grounded in primary & secondary sources — see below
A reason or defense that relieves a person or party from liability or performance of a duty that would otherwise arise.
Sources & Authorities
How it applies
Common Examples
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Homicide Classified as Excusable
Emily Ellis shot and killed an intruder who had broken into her home at night. The prosecution charged her with criminal homicide. Because the killing occurred while she defended her home against an unlawful entry, the court classified it as excusable homicide and entered a judgment of acquittal.
Untimely Objection Excused for Good Cause
Ella Emerson served answers to interrogatories but omitted a specific objection to one question. The opposing party moved to compel. The court found good cause to excuse the late objection because the question was ambiguous and Emerson had promptly supplemented once the ambiguity was clarified.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Ewan Eckhart killed his spouse during an episode of extreme emotional distress triggered by discovering long-term infidelity. Charged with murder, he raised the defense under the Model Penal Code provision. The jury found the disturbance had a reasonable explanation from his viewpoint and reduced the conviction to manslaughter.
Condition Non-Occurrence Excused
Elliot Edmonds contracted to buy property subject to the seller obtaining a zoning variance by a set date. The variance was denied through no fault of either party. The court excused the non-occurrence of the condition and held that performance of the purchase duty never became due.
Tenant Legally Excused from Rent
Esther Eisenberg leased commercial space from Empire Logistics. A city order closed the building for structural repairs that the landlord refused to make. The court held that the closure legally excused Esther from paying rent during the closure period.
Demand Excused as Futile
Ezra Eastman, a member of Enigma Technologies LLC, filed a derivative suit without first making demand on the managers. The complaint alleged that the managers were the wrongdoers and would reject any demand. The court excused the demand requirement as futile and allowed the suit to proceed.
Common questions
Frequently Asked
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How does an excuse differ from a justification in criminal law?+
An excuse concedes the conduct was wrongful but relieves the actor of blame because of circumstances such as duress or insanity. A justification asserts the conduct itself was not wrongful because it advanced a greater social interest.
Supporting sources
When may a court excuse a late objection to an interrogatory?+
A court may excuse a late objection only upon a showing of good cause. Absent good cause the objection is waived.
Supporting sources
What must a defendant show to obtain an excuse under Model Penal Code section 210.3(1)(b)?+
The defendant must prove the homicide was committed under the influence of an extreme mental or emotional disturbance for which there is a reasonable explanation or excuse when viewed from the actor's situation.
Supporting sources
Does excuse of a condition in a contract require the non-occurrence to be the other party's fault?+
No. The non-occurrence of a condition may be excused even when neither party is at fault, provided performance of the duty subject to the condition cannot fairly be required.
Supporting sources
Under what circumstances is a tenant excused from paying rent?+
A tenant is excused from paying rent to the extent the lease or other law legally excuses performance, such as when a supervening government order prevents use of the premises.
Supporting sources
When is demand on managers excused as futile in an LLC derivative action?+
Demand is excused when the complaint alleges with particularity facts showing that the managers are interested parties who would reject any demand.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…latter second-degree manslaughter. Second, it incorporated a concept of therapeutic abortion by providing that an abortion was excused if it "shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose." By 1840, when Texas had received the…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational