Written by attorneys · grounded in primary & secondary sources — see below
A practical difficulty or burden that a court weighs when assessing the reasonableness of a contractual remedy or the seriousness of an interference with property or public rights.
Sources & Authorities
How it applies
Common Examples
6
Liquidated Damages Clause Review
Insight Consulting contracted with Icarus Aviation for custom aircraft parts. The agreement set liquidated damages at 150 percent of the contract price for late delivery. When Icarus missed the deadline, Insight sought to enforce the clause. The court examined whether the amount reflected the anticipated harm, proof difficulties, and the inconvenience of securing substitute parts on short notice. Finding the sum reasonable under those factors, the court upheld the provision.
Conversion Claim Evaluation
Isabella Ingram borrowed Iris Irons's specialized camera for a weekend shoot. Iris demanded its return after two days, but Isabella kept the camera for three more weeks while completing an unexpected assignment. Iris sued for conversion. The court considered the length of the interference and the inconvenience and expense Iris incurred to locate replacement equipment. Those factors supported a finding of conversion.
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
Model Codes
Restatements
Dictionaries
Legislative District Challenge
Voters in several counties sued state officials claiming their districts were drawn to minimize their voting strength. The state defended the maps by citing administrative needs and the inconvenience of frequent boundary changes. The court weighed those practical concerns against the voters' equal-protection claims when deciding whether the case presented a justiciable controversy.
Baker v. Carr369 U.S. 186, 211
New Trial Motion Review
After a jury awarded damages in a copyright suit, the defendant moved for a new trial on weight-of-the-evidence grounds. The plaintiff argued that federal courts should defer to state standards to avoid the inconvenience of different procedural rules in diversity cases. The court examined how historical practice at common law addressed that procedural tension.
Gasperini v. Center for Humanities, Inc.518 U.S. 415, 429–431 (1996)
Long-Arm Jurisdiction Dispute
A California resident purchased life insurance from a Texas company that later refused to pay a claim. The beneficiary sued in California. The insurer objected that defending in California would impose serious inconvenience. The court assessed whether the burden on the defendant outweighed the plaintiff's interest in a convenient forum.
McGee v. International Life Insurance Co.355 U.S. 220, 223 (1957)
Zoning Ordinance Challenge
A village ordinance limited single-family dwellings to no more than two unrelated persons. Property owners challenged the rule as an unconstitutional restriction on living arrangements. The village defended the limit by citing the inconvenience that larger unrelated households would create for neighborhood character and municipal services. The court evaluated those community concerns against the constitutional claims.
Village of Belle Terre v. Boraas416 U.S. 1 (1974)
Common questions
Frequently Asked
3
How does inconvenience factor into the enforceability of a liquidated damages clause?+
A court evaluates whether the clause sets a reasonable amount in light of anticipated or actual harm, difficulties of proof, and the inconvenience or nonfeasibility of obtaining an adequate remedy. An unreasonably large amount is treated as an unenforceable penalty.
Supporting sources
What role does inconvenience play in a conversion claim?+
When deciding whether an interference with a chattel amounts to conversion, a court considers the inconvenience and expense caused to the owner along with the extent and duration of the interference and any harm to the chattel.
Supporting sources
Can inconvenience alone justify withholding rent in a commercial lease?+
No. Intermittent service problems that merely inconvenience tenants do not excuse the obligation to pay rent when the tenant remains in possession and continues to use the premises.
Supporting sources
369 U.S. 186, 211Constitutional Law
…to be desirable and not inconsistent with the broad intention of the Rules," the Commissions were directed to consider the inconvenience attendant upon the alteration of constituencies, and the local ties which such alteration might break. The Home Secretary's view of this amendment was that it worked to erect "a presumption…