Also known as:suspends · suspended · suspending · suspension · suspensions · stay · abeyance
Written by attorneys · grounded in primary & secondary sources — see below
A temporary cessation of a right, duty, proceeding, or privilege. The cessation occurs when circumstances justify halting performance or enforcement until conditions change or adequate assurance is provided.
Sources & Authorities
How it applies
Common Examples
6
Court Stays Derivative Suit
Sapphire Holdings shareholders file a derivative complaint alleging mismanagement. The board appoints a special litigation committee to investigate. The court stays the proceeding while the committee completes its review and reports its findings.
Buyer Halts Payment Pending Assurance
Summit Bank agrees to purchase equipment from Stonehaven Properties. After learning of the seller's financial distress, the bank demands adequate assurance of performance. It suspends its next installment payment until the seller provides a satisfactory bond.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
During an invasion of U.S. territory, Congress passes legislation authorizing suspension of the writ of habeas corpus in affected districts. Federal authorities detain suspected saboteurs without immediate judicial review under the statute.
Landowner Withdraws Consent to Entry
Sylvia Santos invites Spencer Silver onto her property to inspect timber. After discovering unauthorized cutting, Santos revokes permission. Silver must depart promptly and in an orderly manner to retain the privilege against trespass liability.
Court Weighs Rule on Alienation Suspension
A will creates successive future interests in land located in State A. The court must choose between State A and State B law. It examines each state's interest in preventing prolonged suspension of the power to alienate the parcel.
Court Suspends Nonparent Visitation
A nonparent obtains a court-ordered right to spend time with a child living with the biological parent. After evidence of harm surfaces, the court suspends the visitation schedule pending a full evidentiary hearing on the child's best interests.
Common questions
Frequently Asked
4
When may a court stay a derivative proceeding under the Model Business Corporation Act?+
A court may stay the proceeding while the corporation conducts a good-faith inquiry into the allegations. The stay lasts for the period the court deems appropriate to allow completion of the investigation.
Supporting sources
What justifies suspending performance under Restatement (Second) of Contracts § 251?+
Reasonable grounds to believe the obligor will commit a total breach permit the obligee to demand adequate assurance. The obligee may then suspend its own performance until assurance is received.
Supporting sources
Under what conditions does the Constitution permit suspension of habeas corpus?+
The privilege may be suspended only in cases of rebellion or invasion when public safety requires it. The clause appears in Article I and limits the power to those narrow circumstances.
Supporting sources
What duty does an actor have when consent to enter land is suspended?+
The actor must leave with reasonable promptness and in a reasonable manner. Failure to do so loses the privilege against trespass liability unless the actor had advance notice of the suspension.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…taken protective appeals to the United States Court of Appeals for the Fifth Circuit. That court ordered the appeals held in abeyance pending decision here. We postponed decision on jurisdiction to the hearing on the merits. 402 U. S. 941 (1971). III It might have been preferable if the defendant, pursuant to our…