Also known as: impairs · impaired · impairing · impairment · contract impairment
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
To diminish or hinder a protected legal interest, ability, fairness, or contractual obligation. The reduction occurs when an action or omission leaves the affected party with meaningfully less protection or value than before.
To diminish or hinder a protected legal interest, ability, fairness, or contractual obligation. The reduction occurs when an action or omission leaves the affected party with meaningfully less protection or value than before.
Select any source to read its text and confirm it supports the definition.
To cause physical damage or reduction in the condition of a body or property. The harm is measured by any lasting change that affects function, appearance, or utility.
Select any source to read its text and confirm it supports the definition.
To cause physical damage or reduction in the condition of a body or property. The harm is measured by any lasting change that affects function, appearance, or utility.
Each sense below has its own examples, sources, and questions.
Isaac Irving sues Ideal Solutions for breach of a supply contract. Ironwood Capital holds a security interest in the same goods. The court finds that a judgment without Ironwood Capital would as a practical matter impair its ability to protect that security interest. The court therefore orders Ironwood Capital joined as a required party.
Judge Ilana Isaacs issues a press release criticizing a pending criminal case. The statement is expected to affect the outcome and impair the fairness of the trial. The judge is disciplined for violating the prohibition on public statements that impair fairness.
Attorney Igor Ito suffers severe depression that materially impairs his ability to represent client Ian Iverson. The lawyer withdraws from the representation under the rule requiring withdrawal when the lawyer's condition materially impairs representation.
Infinity Bank fails to deliver promised financing to Ironclad Industries under a multi-year loan agreement. The breach substantially impairs the value of the contract to Ironclad Industries at the time of the breach. Ironclad Industries may therefore recover damages based on all remaining rights to performance.
State A enacts a statute that retroactively extends the time for debtors to repay loans. The law impairs the obligation of existing contracts between lenders and borrowers. The statute violates the constitutional prohibition on state laws impairing the obligation of contracts.
Impairment under Rule 19 focuses on whether disposing of the action without the absent person would as a practical matter hinder that person's ability to protect the interest. The rule does not require total loss of the interest, only meaningful reduction in protection.
Supporting sources
Withdrawal is required when the lawyer's physical or mental condition materially impairs the ability to represent the client. The impairment must be significant enough to affect competent representation.
Supporting sources
A breach by non-performance permits recovery of total-breach damages only when it substantially impairs the value of the contract to the injured party at the time of the breach. The impairment must make it just to allow recovery based on all remaining rights.
Supporting sources
The Clause prohibits state laws that impair the obligation of contracts. Not every effect on contract performance qualifies. The law must alter the contractual duties themselves.
Supporting sources
Ibrahim Iqbal is tightly restrained by hospital staff. The restraints cause permanent nerve damage in his arm. The injury constitutes bodily harm because it is a physical impairment of the condition of his body.
Bodily harm includes any physical impairment of the condition of another's body, or physical pain or illness. The impairment need not be permanent or visible to qualify.
Supporting sources
…future contraceptive failure, possible future pregnancy, possible future unpreparedness for parenthood, and possible future impairment of health. Any one or more of these several possibilities may not take place and all may not combine. In the Does' estimation, these possibilities might have some real or imagined impact…