Also known as: totals · totaled · totalled · totaling · totalling
Written by attorneys · grounded in primary & secondary sources — see below
The entire or complete amount, quantity, or extent of a thing.
Talia Torres and Tobias Thomas agree to divide a client's fee for a complex transaction. Talia performs most of the work while Tobias handles only initial intake. When the client questions the split, the lawyers confirm the overall amount charged remains fair given the services rendered and the client's written consent.
True North Logistics contracts with Trailblazer Airlines to deliver cargo over six months. After two deliveries, Trailblazer stops all performance without excuse. The airline's complete failure leaves True North without any remaining value from the contract, allowing recovery of damages for all future rights.
Select any source to read its text and confirm it supports the definition.
Titan Industries and Tidal Energy each pollute distinct sections of a river, causing separate fish kills. A court divides liability so each company pays only for the harm its own discharge produced rather than the combined loss.
A junior mortgagee appoints a receiver who collects fifty thousand dollars in net rents from an office building. When the senior mortgagee later appoints its own receiver, the junior receiver keeps the collected rents for the junior's benefit.
A servitude requires the burdened owner to pay an unspecified annual maintenance fee with no end date stated in the creating instrument. After several years the obligation ends because no total sum or definite termination point was ever fixed.
A new zoning rule bars all development on Tabitha Taylor's coastal parcel. Because the regulation leaves her with no economically beneficial use, the rule constitutes a taking requiring compensation unless background nuisance principles already prohibited the intended activity.
The total fee must be reasonable under the circumstances even when multiple lawyers share it. The client must agree in writing to the division and each lawyer must either perform services in proportion to the share received or assume joint responsibility.
A total breach occurs when nonperformance substantially impairs the contract's value to the injured party at the time of breach, making it just to award damages for all remaining rights to performance. Lesser impairments support only a claim for partial breach.
When harms cannot be apportioned, each tortfeasor is liable for the entire harm. When a reasonable basis exists for division according to each actor's contribution, liability is limited to the portion each caused.
No. The covenant terminates after a reasonable time unless the instrument specifies the total sum due or a definite termination point. The rule does not apply to concurrent services or facilities.
A regulation that deprives the owner of all economically beneficial or productive use of land is a per se taking unless the prohibited use was already barred by background nuisance or property principles at acquisition.
…containing the advertisement were circulated in Alabama. Of these, about 35 copies were distributed in Montgomery County. The total circulation of the Times for that day was approximately 650,000 copies. [^maj-5]: Since we sustain the contentions of all the petitioners under the First Amendment's guarantees of freedom…