Also known as: suffers · suffered · suffering · sufferance · sufferances · tenancy at sufferance · estate at sufferance
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
To experience or be subjected to a physical or mental condition, harm, loss, or injury. The term identifies the factual occurrence of damage or affliction that triggers legal consequences such as damages, jurisdiction, or defenses.
To experience or be subjected to a physical or mental condition, harm, loss, or injury. The term identifies the factual occurrence of damage or affliction that triggers legal consequences such as damages, jurisdiction, or defenses.
Samantha Stone was charged with assault after striking a neighbor. At trial she introduced evidence that a long-standing psychotic disorder had eliminated her ability to recognize the wrongfulness of her conduct. The jury found that she suffered from a disease of the mind that produced a defect of reason, resulting in acquittal.
Solomon Silver sued Sterling Manufacturing for personal injuries sustained on a construction site. In his Rule 26(a)(1) disclosures Silver provided a detailed computation of medical expenses and lost wages together with the supporting treatment records that documented the injuries he had suffered.
To tolerate or permit continued possession of land after a prior possessory interest has ended. This tolerance creates an estate at sufferance when the occupant remains without asserting superior title.
After her lease expired, Sylvia Santos remained in the apartment without the landlord's consent and without claiming any new right to possession. The landlord brought an ejectment action, treating Santos as a tenant at sufferance who could be removed without notice beyond that required by statute.
To tolerate or permit continued possession of land after a prior possessory interest has ended. This tolerance creates an estate at sufferance when the occupant remains without asserting superior title.
Each sense below has its own examples, sources, and questions.
Sabrina Shah spent substantial sums preparing a warehouse for a supply contract that Summit Bank later repudiated. At trial Shah recovered her out-of-pocket expenditures as reliance damages after proving the amounts she had suffered in preparation for performance.
Simone Sanders tripped on a loose stair tread at Solstice Ventures' office building and fractured her ankle. To establish the negligence claim Sanders had to prove that the building owner's failure to repair the tread was a legal cause of the harm she suffered.
Santiago Sanchez published defamatory statements on a website expressly targeting readers in the forum state. Because Sanchez knew the reputational harm would be suffered there, the forum court exercised personal jurisdiction over him under the effects test even though his physical contacts with the state were minimal.
No. The defendant must also prove that the disease caused a defect of reason that prevented knowledge of wrongfulness or understanding of the nature and quality of the act. Mere loss of control is insufficient under the traditional test.
The disclosing party must make available the evidentiary material on which each damages computation is based, including materials showing the nature and extent of injuries suffered, unless the material is privileged.
An estate at sufferance arises only after a prior possessory interest has terminated and the occupant remains without permission or claim of superior title. An estate at will exists when the parties have agreed that possession may be terminated at the will of either party.
…The applicants conceive themselves to be duly appointed justices and believe it their duty to maintain their rights and not to suffer them to be violated by the hand of power. The cause though seemingly trivial is important in principle. It only remains to consider whether a mandamus to compel delivery of a commission by…