Also known as: expel · expels · expelled · expelling · expulsions
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The act of removing an intruder from land or chattels by the intentional infliction of harmful or offensive contact. The actor must reasonably believe the intruder poses a threat of death or serious bodily harm unless removed and must first request desistance unless futile.
The act of removing an intruder from land or chattels by the intentional infliction of harmful or offensive contact. The actor must reasonably believe the intruder poses a threat of death or serious bodily harm unless removed and must first request desistance unless futile.
Select any source to read its text and confirm it supports the definition.
The removal of a partner or member from a partnership or limited liability company by agreement, judicial order, or statutory event such as willful dissolution of an entity partner.
Select any source to read its text and confirm it supports the definition.
The removal of a partner or member from a partnership or limited liability company by agreement, judicial order, or statutory event such as willful dissolution of an entity partner.
Each sense below has its own examples, sources, and questions.
Edgar Evers discovers an armed stranger inside his garage at night. Evers first shouts for the intruder to leave. When the intruder advances instead, Evers uses a bat to strike the intruder's arm, causing a fracture, and forces him out the door. The court holds the contact privileged because Evers reasonably believed the intruder would cause serious harm unless expelled.
A high school student brings a concealed handgun to campus. The school board conducts a hearing and expels the student for the remainder of the year. The student challenges the expulsion in federal court on constitutional grounds.
Force is privileged only when the actor reasonably believes the intruder will cause death or serious bodily harm unless expelled and has first requested the intruder to desist unless a request would be useless.
Supporting sources
Enigma Technologies, a corporate general partner in a limited partnership, holds a board vote to dissolve itself. The dissolution causes Enigma's automatic expulsion from the limited partnership. The remaining partners sue for damages caused by the loss of Enigma's capital contribution and expertise.
Evelyn Ellison and two other partners sign an agreement that permits expulsion of any partner who fails to meet capital calls. When Ellison misses three consecutive calls, the other partners vote to expel her under the agreement's express term. Ellison's interest converts to a transferee interest only.
Eugene Ellsworth repeatedly diverts partnership funds for personal use. The remaining partners petition the court under the statute. The court issues an order expelling Ellsworth as a partner and requires him to account for the misappropriated assets.
Eclipse Manufacturing, an entity partner, votes to dissolve its corporate existence. The dissolution triggers its expulsion from the partnership under the statute. The partnership sues Eclipse for damages flowing from the sudden loss of its manufacturing capacity.
Yes. Under the uniform acts, an entity partner that willfully dissolves or terminates is expelled or otherwise dissociated from the partnership or limited liability company.
Supporting sources
Yes. The uniform acts expressly list expulsion pursuant to the partnership agreement as an event causing dissociation.
Supporting sources
A partner expelled wrongfully remains liable to the partnership and other partners for damages caused by the dissociation in addition to any other obligations.
Supporting sources
…lunch counter in the Montgomery County Courthouse on another day. Not the entire student body, but most of it, had protested the expulsion, not by refusing to register, but by boycotting classes on a single day; virtually all the students did register for the ensuing semester. The campus dining hall was not padlocked on any…