Also known as: surrenders · surrendered · surrendering · yield up · give up rights
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A relinquishment of a claim or defense that may constitute consideration for a promise when the claim is doubtful or the surrendering party believes it may be valid.
A relinquishment of a claim or defense that may constitute consideration for a promise when the claim is doubtful or the surrendering party believes it may be valid.
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A tenant's relinquishment of possession of leased property to the landlord that terminates the lease if accepted and leaves the tenant liable only for accrued rent and prior breaches.
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The delivery of possession or control of property or a thing to another party entitled to it or asserting a claim of right.
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A tenant's relinquishment of possession of leased property to the landlord that terminates the lease if accepted and leaves the tenant liable only for accrued rent and prior breaches.
The delivery of possession or control of property or a thing to another party entitled to it or asserting a claim of right.
Each sense below has its own examples, sources, and questions.
Samantha Stone asserted a contract claim against Seth Shapiro that later proved invalid due to an overlooked statute of limitations. Seth offered her $5,000 to drop the suit. Samantha accepted the payment and executed a written release. The payment qualifies as consideration because Samantha believed the claim could fairly be determined valid at the time of surrender.
Surrender of an invalid claim supplies consideration if the claim is doubtful due to uncertainty of fact or law or if the surrendering party believes the claim may fairly be determined valid. A written instrument surrendering a claim is also consideration when bargained for even if the party believes no valid claim exists.
Supporting sources
Sophia Singh leased a warehouse from Skyline Construction under a covenant to maintain the premises and surrender them in good condition. A fire destroyed the building through no fault of Sophia. Skyline demanded that Sophia rebuild before surrendering possession. The lease contained no express rebuilding obligation, so Sophia is not required to reconstruct the structure.
Summit Bank abandoned its leased office space after defaulting on rent. Starlight Media, the landlord, accepted the offer of surrender inherent in the abandonment. The lease terminated upon acceptance, leaving Summit Bank liable only for rent accrued before acceptance and any damage caused by the abandonment.
Acceptance terminates the lease and extinguishes the tenant's liability for future rent while preserving liability for rent accrued before acceptance and for damage caused by abandonment. The landlord has no duty to mitigate by reletting unless the parties agree otherwise.
Supporting sources
No. Absent express language requiring rebuilding after fire or other casualties, a covenant to maintain and surrender the premises in good condition does not obligate the tenant to restore structures destroyed by casualty.
Supporting sources
After Sarah Sullivan's death, the personal representative determined that certain tangible personal property could remain with Scott Summers, the presumptively entitled heir. The representative later concluded administration required possession and requested delivery. The request constitutes conclusive evidence that possession by the representative is necessary for administration.
Sterling Dynamics authorized issuance of uncertificated shares. Existing shareholders holding certificates must surrender those certificates to the corporation before the uncertificated shares become effective. Until surrender occurs, the authorization does not alter the rights represented by the outstanding certificates.
Sierra Santos faced an aggressor inside her own home who demanded she hand over a valuable item. Sierra knew she could safely avoid using force by surrendering the item. Because the encounter occurred in her dwelling, she was not obliged to surrender possession before employing protective force.
A personal representative may demand delivery when possession is necessary for administration. The request itself is conclusive evidence of that necessity in any subsequent action against the heir or devisee.
Supporting sources
Existing certificated shares remain unaffected until surrendered to the corporation. The authorization for uncertificated issuance does not alter rights represented by outstanding certificates until surrender occurs.
Supporting sources
…the public from loading upon one individual more than his just share of the burdens of government, and says that when he surrenders to the public something more and different from that which is exacted from other members of the public, a full and just equivalent shall be returned to him.” Monongahela Navigation Co. v.…