Also known as: recalls · recalled · recalling · revocation · product recall · recall election
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
The inability of a witness to remember a matter sufficiently to testify fully and accurately about it. A written record made when the matter was fresh in the witness's memory may be used if it accurately reflects the witness's knowledge.
The inability of a witness to remember a matter sufficiently to testify fully and accurately about it. A written record made when the matter was fresh in the witness's memory may be used if it accurately reflects the witness's knowledge.
Renee Rogers saw a car accident but at trial cannot remember the license plate number. Her contemporaneous notes, made the day after the crash, accurately recorded the plate. The court permits her to read the notes into evidence because she once knew the information but now cannot recall it fully.
The withdrawal or revocation of an offer, consent to enter land, or other legal permission. Once effective, the revocation terminates the offeree's power of acceptance or the actor's privilege to remain on the land.
Regina Robinson offers to sell land to Robert Rivera for $200,000. Before Rivera accepts, Robinson sends a written revocation that reaches Rivera. Rivera's later acceptance creates no contract because the revocation terminated his power of acceptance.
Ruby Rivera grants Ralph Richardson permission to cross her field to reach the highway. After Richardson begins using the path daily, Rivera posts a sign revoking consent and informs him. Richardson's continued entry becomes a trespass because he knows or has reason to know consent has ended.
The act of revoking a will or trust, which may cause a devise to lapse or require the trustee to deliver trust property as the settlor directs. A will revoked by act may be revived only by reexecution, codicil, or a clear act demonstrating intent to reverse the revocation.
Ryan Roberts executes a will leaving his estate to his sister, then revokes it by burning. Two years later he reexecutes the original document with proper formalities. The reexecution revives the will because it clearly demonstrates intent to reverse the revocation.
The withdrawal or revocation of an offer, consent to enter land, or other legal permission. Once effective, the revocation terminates the offeree's power of acceptance or the actor's privilege to remain on the land.
The act of revoking a will or trust, which may cause a devise to lapse or require the trustee to deliver trust property as the settlor directs. A will revoked by act may be revived only by reexecution, codicil, or a clear act demonstrating intent to reverse the revocation.
Each sense below has its own examples, sources, and questions.
A witness may read a record into evidence when the witness once knew the matter but now cannot recall it well enough to testify fully and accurately, the record was made when the matter was fresh, and it accurately reflects the witness's knowledge.
Yes, revocation by the offeror terminates the offeree's power of acceptance unless the offer is an option contract or the revocation is ineffective for some other reason such as lack of receipt.
Riverfront Developments creates a revocable trust holding its real estate and devises the property to Redwood Bank upon the settlor's death. The settlor revokes the trust before dying. The devise lapses because revocation of the trust occurred before death.
Rocky Mountain Mining places assets in a revocable trust naming Radiant Technologies as trustee. The settlor revokes the trust and directs the trustee to transfer all property to a new account. The trustee must deliver the assets exactly as the settlor instructs.
A will revoked by act is revived if the testator reexecutes it, executes a codicil showing intent to revive it, or performs an act on the will that clearly and convincingly shows intent to reverse the revocation.
The trustee must deliver the trust property as the settlor directs upon revocation of a revocable trust.
Unless the will provides otherwise, revocation or termination of the trust before the testator's death causes the devise to lapse.
…own views on the entire country, the majority facilitates the marginalization of the many Americans who have traditional ideas. Recalling the harsh treatment of gays and lesbians in the past, some may think that turnabout is fair play. But if that sentiment prevails, the Nation will experience bitter and lasting…