Also known as: yields · yielded · yielding · give way · surrender
Written by attorneys · grounded in primary & secondary sources — see below
The giving way of one legal duty, right, or rule to another of superior force or authority. The term captures the doctrinal result when a subordinate obligation or interest must defer because a higher command controls.
Yara Yilmaz and Yin Yu, Amish parents, refuse to send their children to public high school after eighth grade because their faith prohibits formal secondary education. The state enforces its compulsory-attendance statute against them. The court holds that the statute must yield to the parents' Free Exercise rights and their fundamental liberty to direct their children's upbringing.
Yasmine Young asserts a contract claim against Yonder Technologies that later proves invalid under the original agreement. The parties nonetheless execute a written release in which Young surrenders the claim. Because the claim was doubtful when surrendered, the release supplies consideration and the duty to perform on the original contract yields.
Select any source to read its text and confirm it supports the definition.
Yolanda Young vacates the leased storefront owned by Yew Capital and returns the keys. Yew Capital accepts the keys and treats the premises as surrendered. The lease terminates upon acceptance, and Young remains liable only for rent accrued before acceptance and any damage caused by the abandonment.
Yves Yilmaz stores equipment with Yarn Textiles under a bailment. When the term ends, Yarn Textiles refuses to surrender the equipment despite demand. The refusal constitutes conversion, and Yarn Textiles is liable for the value of the chattel.
Yoel Yee leases a warehouse from Yadkin Power under a covenant to maintain and surrender the premises in good condition. A fire destroys the building through no fault of Yoel Yee. Absent express language requiring rebuilding after casualty, the covenant does not obligate Yoel Yee to restore the structure.
Yonder Technologies holds a promissory note from Yara Yilmaz. Yonder cancels the note and returns it to Yara with the manifested intention to discharge the debt. The duty to pay is extinguished without additional consideration.
A state statute yields when enforcement would violate a federal constitutional right such as the Free Exercise Clause combined with parental liberty interests. The court balances the state's interest against the religious claim and grants an exemption when the religious practice meets the state's objectives without formal compliance.
Supporting sources
Surrender of an invalid claim constitutes consideration when the claim is doubtful as to fact or law or when the surrendering party reasonably believes the claim may be valid. The Restatement treats such forbearance as sufficient to support a contract.
Supporting sources
Acceptance of the keys constitutes acceptance of the tenant's offer of surrender. The lease terminates, and the tenant is liable only for accrued rent and damage caused by the abandonment.
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…the inconvenience of private persons whose conduct may be involved, and occasional injury to the reputations of individuals must yield to the public welfare, although at times such injury may be great. The public benefit from publicity is so great, and the chance of injury to private character so small, that such…