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Home » Law Dictionary » A » ABATEMENT

ABATEMENT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(I) (A) A reduction in the amount owed under contract which is withheld by the injured party, e.g. when a landlord does not provide heat as required under a lease and a tenant makes alternate arrangements and withholds an amount from the amount of rent due for that month. (B) Partial or complete forgiveness of a taxpayer’s liability for taxes, including penalties and interest imposed by the IRS (Internal Revenue Service.) (C) Removal of a hazard or problem that is against private or public policy, such as a nuisance which could cause danger to the welfare of the public such as rotted trees that could fall easily. (D) A reduction of debts by creditors when there a debtor’s assets are not sufficient to satisfy all creditor debts. The same principal applies in an estate where the deceased did not leave sufficient funds to satisfy all bequests to be made under a lease after satisfying required expenses such as taxes and outstanding debts. (II) (A) chancery practice, is a suspension of all proceedings in a suit, from the want of proper parties capable of proceeding therein. It differs from an abatement at law in this, that in the latter the action is in general entirely dead, and cannot be revived, but in the former, the right to proceed is merely suspended, and may be revived by a bill of revivor. (B) contracts, is a reduction made by the creditor, for the prompt payment of a debt due by the payor or debtor. (C) merc. law. By this term is understood the deduction sometimes made at the custom-house from the duties chargeable upon goods when they are damaged. (D) pleading, is the overthrow of an action in consequence of some error committed in bringing or conducting it when the plaintiff is not forever barred from bringing another action. Abatement is by plea. There can be no demurrer in abatement.

Law Dictionary – Alternative Legal Definition

In pleading. The effect produced upon an action at law, when the defendant pleads matter of fact showing the writ or declaration to be defective and incorrect. This defeats the action for the time being, but the plaintiff may proceed with it after the defect is removed, or may recommence it in a better way. In England, in equity pleading, declinatory pleas to the jurisdiction and dilatory’ to the persons were (prior to the judicature act) sometimes, by analogy to common law, termed “pleas in abatement” In chancery practice. The determination, cessation, or suspension of all proceedings in a suit, from the want of proper parties capable of proceeding therein, as upon the death of one of the parties pending the suit See 2 Tidd, Pr. 932; Story, Eq. PL

Related Posts:

  • ABATEMENT OF RENT
  • RENT WITHHOLDING
  • PUBLIC NUISANCE
  • ABATEMENT OF TAXES
  • ABATEMENT OF NUISANCES
  • SECURITY DEPOSIT

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