Also known as: exogenously · external · extrinsic
Written by attorneys · grounded in primary & secondary sources — see below
Arising from external sources or factors beyond the control of the relevant parties. The concept distinguishes events or risks originating outside a party's sphere of influence from those that are internal or endogenous.
Select any source to read its text and confirm it supports the definition.
Eugene Ellsworth and Emma Erickson agreed to import narcotics into a jurisdiction where border checkpoints had been unexpectedly reinforced by federal agents. Even though the external enforcement made successful importation impossible, the agreement and shared intent alone established the conspiracy.
Evelyn Ellison testified for the defense. On cross-examination the prosecutor asked about a prior incident in which Ellison had submitted a false expense report to an outside vendor. The court permitted the inquiry because the specific instance was probative of truthfulness.
Elise Everly and Eduardo Enriquez owned adjacent parcels as tenants in common. Local zoning rules prevented any physical division that would yield two buildable lots. The court therefore ordered a sale and division of proceeds rather than partition in kind.
Ethan Evans obtained a default judgment after opposing counsel withheld a key document during discovery. Upon discovering the concealment, the court set the judgment aside under the fraud provision of Rule 60(b).
Elysium Media's founder left a bequest of "my warehouse on River Street." Extrinsic evidence showed the founder owned only one warehouse, located on River Road. The court construed the description to pass that property.
Evergreen Bank purchased software from Eclipse Manufacturing. The sales contract contained both an express warranty of fitness for a particular purpose and a clause attempting to limit that warranty. Because the limitation could not reasonably be reconciled with the warranty language, the limitation was inoperative.
An exogenous event originates outside the party's sphere of influence and therefore may support an exemption or excuse when performance becomes impossible. Internal strikes or supplier choices remain within the party's control and do not qualify.
Supporting sources
Fraud is entirely within the beneficiary's control and can be avoided by honest conduct. In contrast, exogenous risks such as destruction of goods or market price spikes arise from outside forces that neither party can prevent.
Supporting sources
…368 U. S. 25, 28 (DOUGLAS, J., dissenting). There is no serious contention that Connecticut thinks the use of artificial or external methods of contraception immoral or unwise in itself, or that the anti-use statute is founded upon any policy of promoting population expansion. Rather, the statute is said to serve the…