Also known as:quiet · quietare · quieti · quieted · acquittance · discharge · quietus est
Written by attorneys · grounded in primary & secondary sources — see below
A formal discharge or acquittal from a debt, obligation, or duty.
Sources & Authorities
How it applies
Common Examples
6
Deed in Lieu Ends Mortgage Debt
Quincy Manufacturing conveyed its factory to Quartz Energy by deed in lieu of foreclosure after defaulting on the loan. The transfer satisfied the full debt and released Quincy from further liability. Quartz accepted the deed voluntarily in exchange for discharging the obligation.
Presidential Term Ends Authority
After serving four years, the outgoing President transferred executive power to the newly elected successor. The constitutional term limit produced a complete quietus of the prior officeholder's authority. No further acts could be performed under the expired term.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
After dissolution, the limited partnership applied its assets to pay all creditors and close its affairs. The final distributions produced a quietus of every partnership liability. No obligations remained once the process concluded.
Partnership Settlement Ends Obligations
The general partnership used its remaining assets to pay creditors and settle its business during winding up. Completion of the distributions gave quietus to all partnership debts. Former partners faced no further claims.
Temporary Impracticability Suspends Duty
A sudden supply shortage prevented Quinlan Quezada from delivering goods under the contract. The temporary impracticability suspended performance but did not discharge the duty. Once the shortage ended, the obligation resumed without added burden.
Manager Exit Leaves Prior Liability
Quade Quincy resigned as manager of the LLC after incurring a debt to the company. His departure produced no quietus of the earlier obligation. The LLC could still enforce the liability against him.
Common questions
Frequently Asked
4
Does a deed in lieu of foreclosure always produce quietus of the mortgage debt?+
A deed in lieu produces quietus only when the transfer is voluntary and supported by consideration in the form of debt discharge. Courts examine the transaction for duress or unfairness before recognizing full discharge.
Supporting sources
When does a partnership's winding up create quietus of its liabilities?+
Winding up creates quietus once the partnership discharges all debts, settles its affairs, and distributes assets under the uniform act provisions. The process must be completed before former partners are released.
Supporting sources
Does temporary impracticability ever produce quietus of a contractual duty?+
Temporary impracticability suspends performance but does not discharge the duty unless resumption would be materially more burdensome than originally contemplated. The duty revives once the impediment ends.
Supporting sources
Does a manager's resignation create quietus of liabilities incurred while serving?+
Resignation does not create quietus of liabilities incurred during service. The former manager remains accountable to the LLC and its members for those obligations.
Supporting sources
376 U.S. 254 (1964)Remedies
…upon which the comment is based. Parsons v. Age-Herald Publishing Co., 181 Ala. 439, 450, 61 So. 345, 350 (1913). Unless he can discharge the burden of proving truth, general damages are presumed, and may be awarded without proof of pecuniary injury. A showing of actual malice is apparently a prerequisite to recovery of…